Hyderabad: In the BRS MLAs’ defection issue, the Legislative Assembly secretary contended before the Telangana High Court that courts could not issue a direction to the Speaker to decide the disqualification petitions within a fixed timeframe.
He said that the Speaker was a constitutional Authority, and the courts were not competent to issue such a direction. He also argued that the scope of judicial review in regard to the decisions of the Speaker was limited; moreover, in the defections issue, there was no decision yet.
Advocate General A. Sudhershan Reddy, on behalf of the Assembly secretary, submitted arguments on Tuesday before a division bench comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, which was hearing the appeals filed by Assembly secretary of the Assembly and others challenging the single judge orders of September 9 directing the official to place the disqualification petitions before the Speaker for fixing a schedule of hearing within four weeks.
The single judge further directed the secretary that the schedule shall be communicated to the High Court registrar (judicial). Challenging the same, three writ appeals have been filed.
Advocate General Sudershan Reddy representing the Assembly secretary, and senior counsel Ravi Shankar Jandhyala, appearing for Danam Nagender, informed the court that the single judge had erred in directing the secretary to place the disqualification petitions before the Speaker for fixing the schedule. Such a direction cannot be issued to the secretary, they said.
They argued that the petitioners —BRS MLAs K.P. Vivekanand and Padi Kaushik Reddy — had approached the single judge within 10 days of filing of disqualification oetitions seeking disqualification of Danam Nagender, Kadiam Srihari and Tellam Venkat Rao for defection. As per rules, the disqualification petitions, once they are filed with the Speaker’s office, the outer limit is three months.
The Advocate-General contended that the single judge had issued a direction to the secretary at the pre-decisional stage. He said a five-judge bench of the Supreme Court had stated that courts cannot issue a direction to the Speaker to take action on disqualification petitions. He also cited the High Court decision in the Errabelli Dayakar Rao case, who filed petition in 2015 against the defection of TD MLAs to the then ruling party, the TRS. In that judgment , the High Court made it clear that courts cannot interfere with the Speaker’s decision.
The court adjourned hearing to Wednesday to hear other counsel.
