Telangana HC reserves orders on MLAs’ disqualification petitions

A prolonged hearing took place since a month on constitutional aspects of what is the power of a court to give directions to the Speaker of Legislative Assembly, X schedule of the constitution.

1. The Telangana High Court on Wednesday reserved orders on MLAs’ disqualification petitions. Justice Bollaram Vijaysen Reddy heard the writ pleas which questioned the inaction of the Speaker of Telangana Legislative Assembly and others in the matter pertaining to consideration of Disqualification petitions filed against Bhadrachalam MLA Venkata Rao Tellam, Station Ghanpur MLA Kadiyam Srihari and Khairtabad MLA Danam Nagender. Kuna Pandu Vivekananda, BRS MLA of Qutbullapur constituency and Padi Kaushik Reddy, BRS MLA of Huzurabad Assembly constituency and Alleti Maheshwar Reddy, BJP MLA filed these writ pleas challenging the inaction. It may be recalled that Venkat Rao Tellam, Kadiyam Srihari, Danam Nagender who got elected from BRS party, defected and joined Indian National Congress party on April 7 and March 31, 2024 respectively. A prolonged hearing took place since a month on constitutional aspects of what is the power of a court to give directions to the Speaker of Legislative Assembly, X schedule of the constitution. Senior counsel Gandra Mohan appeared for Padi Koushik Reddy and Kuna Pandu Vivekananda. Gummalla Bhasker Reddy for Alleti Maheshwar Reddy. The Counsels for the petitioner contended that 3 months have passed but the disqualifications applications are kept on delay. Gandra Mohan Rao apprehended delay in deciding case would help the ruling party to lure more MLAs. On the other side, Senior counsel Raghuram represented Danam Nagender and senior counsel Mayur Reddy represented Kadiyam Srihari argued by relying on supreme court judgement, that a writ of mandamus cannot be filed against Speaker. The counsels further said that the petitioners have approached the Court within 15 days of filing their petition before Speaker, which is a short span of time and therefore the matter is not maintainable. The learned Advocate General represented on behalf of the state argued that court lacks the jurisdiction to issue directions to the Speaker by relying on apex court judgments. During the hearing the Judge has raised critical questions regarding the prolonged delay in making a decision on disqualification complaints against several MLAs who defected to the Congress. Also questioned on whether a specific deadline has been set up for the Speaker to address these complaints. However, after the prolonged hearing the matter was reserved for orders today.

2. A two-Judge bench comprising Chief Justice Alok Aradhe and Justice J Sreenivas Rao on Wednesday directed notices to Industries and Commerce Department, Director of Mines and Geology, Deputy and Assistant Directors of Mines and Geology in a matter pertaining to violations of Telangana Minor Mineral Concession Rule 1966. The division bench was dealing with a writ plea filed by M/s Sri Vigneshwara Mines challenging the amendments made to Rules 4,7,12 and 13 of Telangana Minor Mineral Concession Rule 1966. The petitioner contended the said rules are violating and arbitrary. The petitioners pointed that the rules are illegal and also ultra vires and contrary to Sec 14 and 15 of the Mines and Minerals Development and Regulation Act 1957. The court admitted the matter and adjourned the posted after weeks for response of the concerned departments.

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