Today, a bench comprising Justice Vikram Nath and Justice PB Varale requested a response from the Telangana government, the Governor’s Secretary, and other involved parties regarding their petition.
NEW DELHI: Today (14th Aug): The Supreme Court has issued a notice to the Telangana Government and the Governor regarding a petition challenging the Governor’s refusal to nominate Bharat Rashtra Samithi (BRS) leaders Dr Dasoju Sravan Kumar and Kurra Satyanarayana as members of the State Legislative Council (MLC).
Today, a bench comprising Justice Vikram Nath and Justice PB Varale requested a response from the Telangana government, the Governor’s Secretary, and other involved parties regarding their petition.
The Court stated,
“Notice is issued. Any appointments made will be subject to this petition.”
Earlier, the Telangana High Court had quashed the Governor’s orders rejecting the nominations made by the State Council of Ministers in 2023. However, the High Court had refused to issue a positive direction to the Governor for the appointment of Kumar and Satyanarayana as MLCs.
The High Court had also quashed the recommendations made by the Congress Government in January 2023 for the appointment of M Kodandaram and Amer Ali Khan as MLCs.
The petitioners, Kumar and Satyanarayana, have challenged the High Court’s decision not to issue a direction to the Governor for their appointment, before the Supreme Court.
The Supreme Court bench has now sought a response from the Telangana Government, the Governor’s Secretary, and others on the petition. The Court has stated that any appointment made would be subject to this plea.
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Senior Advocate Kapil Sibal, representing the petitioners, argued that they were entitled to a mandamus against the Governor’s refusal to appoint them to the Legislative Council. He stated that the Governor cannot reject the nominations and must remit the matter to the Cabinet either for furnishing requisite documents or for reconsideration.
Senior Advocate Kapil Sibal argued,
“They might appoint someone else, but I am the one entitled to the appointment. The High Court has already invalidated a later decision from January 27, where the nominations of two individuals by the Congress Government were rejected.”
While set aside the Governor’s orders and the subsequent recommendations of the Congress government, the Court remarked,
“The Governor is not accountable to the Court as per Article 361 of the Constitution of India. Although no directive can be issued to the Governor, the Court expresses hope and trust that appropriate action, in line with the Constitution’s provisions, will be taken in this matter.”
