Telangana HC quashes governor’s order rejecting nomination of two BRS leaders to legislative council
Sravan Kumar and Satyanarayana were nominated to the Legislative Council by the previous BRS government in August 2023, but the governor rejected the nominations on September 19 on the ground that the two were “politically aligned persons”
Telangana state high court on Thursday quashed the order of governor Tamilisai Soundararajan rejecting the nomination of two Bharat Rashtra Samithi leaders Dasoju Sravan and Kurra Satyanarayana to the state legislative council under Governor’s quota.
A division bench of the state high court comprising chief justice Alok Aradhe and justice Jukanti Anil Kumar also set aside the nomination of Telangana Jana Samithi president Prof M Kodandaram and senior Urdu journalist Amer Ali Khan as MLCs under the governor’s quota.
The bench, which heard the arguments on a petition filed by Sravan and Satyanarayana questioning the governor’s order, reserved its orders on February 15 and pronounced the judgement on Thursday.
Sravan Kumar and Satyanarayana were nominated to the Legislative Council by the previous BRS government in August 2023, but the governor rejected the nominations on September 19 on the ground that the two were “politically aligned persons”.
After the Congress came to power in December 2023, the governor on January 27 nominated Kodandaram and Khan as MLCs, following a recommendation from the Revanth Reddy cabinet. The government also issued gazette notifications in this regard.
The BRS leaders challenged the governor’s action, contending that the decision taken by the governor to reject the recommendations of the previous cabinet was due to “lack of personal satisfaction” and not due to any ambiguity in the recommendation itself, which is arbitrary and therefore illegal.
{{/usCountry}}The BRS leaders challenged the governor’s action, contending that the decision taken by the governor to reject the recommendations of the previous cabinet was due to “lack of personal satisfaction” and not due to any ambiguity in the recommendation itself, which is arbitrary and therefore illegal.
{{/usCountry}}The petitioners called “the order passed by the governor as mala fide, arbitrary, unconstitutional and in excess of her jurisdiction.”
{{/usCountry}}The petitioners called “the order passed by the governor as mala fide, arbitrary, unconstitutional and in excess of her jurisdiction.”
{{/usCountry}}On the petitions of Sravan and Satyanarayana, the high court on January 30 stayed the swearing-in of Kodandaram and Amer Ali Khan as MLCs.
{{/usCountry}}On the petitions of Sravan and Satyanarayana, the high court on January 30 stayed the swearing-in of Kodandaram and Amer Ali Khan as MLCs.
{{/usCountry}}The high court bench held that the governor was bound by the advice of the council of ministers. The governor can only remit the matter back to the council of ministers for reconsideration, the bench said.
{{/usCountry}}The high court bench held that the governor was bound by the advice of the council of ministers. The governor can only remit the matter back to the council of ministers for reconsideration, the bench said.
{{/usCountry}}“However, it is open for the governor to examine the issues of eligibility or disqualification of a person recommended by the council of ministers, to the legislative council,” the bench said in the order.
While the Raj Bhavan did not react to the court judgement, BRS leader Sravan welcomed the judgement. “This decision is a significant milestone in our journey, emphasising the principles of justice and equality embedded in our legal framework,” he said.
Sravan appealed to Tamilisai to acknowledge the dedicated struggle, sacrifices, and significant services in public life of the nominated BRS leaders and approve their nomination to the state legislative council. “Our endeavours have consistently aligned with the ethos of serving the community, thereby making noteworthy contributions to society at large,” he said.
