HC quashes nomination of two MLCs under Governor’s quota

Court junks order of the Governor rejecting the nomination of Dasoju Sravan Kumar and Kurra Satyanarayana as MLCs under Governor’s quota, also quashes notification issued by govt. nominating Kodandaram and Amer Ali Khan

The Telangana High Court on Thursday quashed the order of the Governor by rejecting the nomination of Dasoju Sravan Kumar and Kurra Satyanarayana as Members of Legislative Council (MLCs) under Governor’s Quota.

Pronouncing verdict in the two writ petitions filed by Mr. Sravan Kumar and Mr. Satyanarayana challenging Governor’s order issued on September 19 of 2023, the HC also quashed the notification issued by the State government on January 27, 2024, nominating M. Kodandaram and Amer Ali Khan as MLCs under Governor’s Quota.

The Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, disposing of the two pleas, said that the Governor was bound to act on the aid and advice of the Council of Ministers while exercising powers under Article 171 (5) of the Constitution.

However, it was open for the Governor to reexamine the issue of eligibility of the petitioners on the recommendation made by the Council of Ministers, the court noted. The Governor also had the power to remit the matter back to the Council of Ministers asking the latter to furnish the request afresh for reconsideration of the recommendation made by it.

Names of Mr. Sravan Kumar and Mr. Satyanarayana were recommended for nomination as MLCs by BRS government

The judgment said that the Governor was not answerable to the court under Article 361 of the Constitution. No positive direction can be issued to the Governor. “However, in the facts and circumstances of these cases, this Court hopes and trusts that suitable action in accordance with the provisions of the Constitution shall be taken,” the judgment said.

The names of Mr. Sravan Kumar and Mr. Satyanarayana were recommended for nomination as MLCs by the previous BRS government, which lost the Assembly elections last year, and the Governor rejected their nomination as MLCs. The Council of Ministers of the new government, led by Chief Minister Revanth Reddy, recommended the names of Kodandaram and Amer Ali Khan as MLCs under Governor’s Quota.