Telangana HC continues to defer swearing-in of MLCs Kodandaram, Amer Ali Khan
Hyderabad: The Telangana High Court’s Division Bench reviewed and adjourned the hearing of two writ petitions filed by D. Sravan Kumar and K. Satyanayarayana, challenging the Governor’s rejection of their nominations for the MLC posts whilst the acceptance of Kodandaram and Amir Ali Khan’s posts on Monday.
The hearing of further arguments will continue on February 14.
During the hearing, senior counsel Avinash Desai, representing Prof. Kodandaram and Amir Ali Khan, argued that the Governor has the right to withhold nominations for MLC posts.
Avinash said this while citing judgments from the Bombay and Allahabad High Courts. He also said these decisions are beyond judicial review, adhering to Article 171 of the Constitution.
The petitions arose after the nominations of Kodandaram and Amir Ali Khan were approved under the Governor quota, while those of BRS leaders Sravan and Satyanarayana were rejected by the Governor citing a lack of eminence and political affiliation.
Last week, Telangana High Court deferred the swearing-in of newly appointed MLCs under the Governor’s quota.
The court’s directive came after a petition by Bharat Rashtra Samithi (BRS) leaders Dasoju Shravan and Kurra Satyanarayana challenging the appointments of Professor Kodandaram and Amir Ali Khan under the Governor’s quota.
Shravan and Satyanarayana were nominated as MLCs by BRS under the governor’s quota in 2023. However, their appointments were rejected by the Governor.
The BRS leaders argued in court that the nomination by the BRS government under Article 171 was legitimate, and the governor- had no authority to reject it.