Telangana High Court invalidates M Kodandaram and Amer Ali Khan’s nominations to Legislative Council, affecting Congress and previous BRS regime due to Governor’s 2023 rejection of BRS leaders’ nominations.
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TELENGANA: On Thursday(7th March),the Telangana High Court delivered a judgment that has repercussions for the ruling Congress government as well as the previous Bharat Rashtra Samithi (BRS) regime. The court’s decision, has invalidated the nomination of two prominent figures, M Kodandaram and Amer Ali Khan, to the Telangana State Legislative Council under the Governor’s quota, marking a notable setback for the Congress administration.
The controversy began when the Telangana Governor, Tamilisai Soundararajan, during the tenure of the BRS government, rejected the nominations of BRS leaders Sravan Dasoju and K Satyanarayana to the legislative council, a decision dated September 19, 2023. The rejection sparked legal challenges, leading Sravan and Satyanarayana to file writ petitions in the High Court, contesting the Governor’s decision.
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The Congress government, upon assuming power in Telangana, nominated Kodandaram and Amer Ali Khan as members of the Legislative Council under the Governor’s quota in January this year.
The Division Bench, led by Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, delivered a comprehensive judgment, stating-
“The orders issued on September 19, 2023, are nullified, along with the subsequent endorsement by the Council of Ministers on January 13, 2024, in support of respondent Nos. 4 and 5. The directives from the Governor and Gazette Notifications dated January 27, 2024, are also invalidated.”
This decision underscores the court’s stance on the procedural and constitutional adherence required in the nomination process.
The High Court’s ruling further elaborated on the constitutional obligations and powers of the Governor, especially under Article 171(5) of the Constitution of India. The court clarified that while the Governor must act on the aid and advice of the Council of Ministers, there is also a provision for the Governor to scrutinize the eligibility and qualifications of the nominees.
“The court acknowledges that, pursuant to Article 361 of the Constitution of India, the Governor is not subject to scrutiny by the court. No specific directives can be mandated for the Governor. Nevertheless, given the circumstances of these cases, the court expresses its optimism and confidence that appropriate action, in accordance with the constitutional provisions, will be undertaken.”
-the court expressed, highlighting the nuanced balance of powers between the executive and the judiciary.
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The ruling has led to a call for action from the affected parties. Sravan Dasoju, one of the original petitioners, responded to the High Court’s decision with respect and optimism.
He stated-
“the high court order has to be honoured,”
and appealed to the governor to reconsider their nominations under the Governor’s quota, reflecting the ongoing political dialogue and legal interpretations surrounding this issue.