Supreme Court Says Telangana Governor's MLC Nominations Will Be Subject To Outcome Of BRS Leaders' Petition

The Supreme Court on Wednesday (August 14) issued notice on a petition filed by Bharat Rashtra Samithi (BRS) leaders Dasoju Sravan Kumar and Kurra Satyanarayana seeking to prevent the Telangana Governor from nominating members of the State Legislative Council.While the Court declined to pass an order of status quo on the nomination of Member of Legislative Council (MLC), it clarified that the nominations will be subject to the outcome of the petition.The bench comprising Justices Vikram Nath and Prasanna Balachandran Varale was hearing the petition challenging the Telangana High Court's judgment delivered on March 7. Though the High Court quashed the Governor's rejection of the petitioners' names, the petitioners were aggrieved by the High Court's refusal to direct their nominations. Reportedly, the Governor is now processing the nominations proposed by the Congress government which came into power last December.The Supreme Court today stayed the operation of the High Court's judgment as well. The petition will be heard after four weeks.Arguments in the courtSenior advocate Kapil Sibal (appearing for Dasoju) said: "Very shocking. This is happening now all over. Then, Milords, the new appointments made also stand quashed. Now, they are trying to appoint the same people again. Therefore, we want a stay."Justice Nath: "Let politicians come here [before the Supreme Court]. Issue notices returnable within 4 weeks."Sibal interjecting, requested for a status quo order as well to which Justice Nath responded: "What status quo? They have not done anything."Sibal replied: "Because they are appointing and otherwise, this will become infructuous. They will say there is more."Justice Nath: "Attempt more...(inaudible).You will have more senior counsels against you. Let them come. What say?"Sibal: "That is not the point. Stay is because Milord, they cannot appoint till this matter is decided because the original appointment is quashed and the subsequent appointment is quashed which is the January notification of those two Congress people. Now, they are trying to appointment them again. If they are appointed, the whole new chapter will open up. Why should that happen?"Justice Nath: "Alright, then. On the insistence of Mr. Sibal, let there be status quo to be maintained, but by whom?"Sibal: "The Governor, obviously Milords!"Justice Nath: "We will stay the impugned order [of the high court] then."Sibal: "But if you stay the impugned order then there is another problem because I have to be appointed."Justice Nath: "So you are against their order? Then we will stay the order."Sibal: "I am on something else. Please appreciate Milord...(interrupted)."Justice Nath: "You are aggrieved by the order of the high court because the high court has given certain directions which it cannot, so we will stay the order to that extent."Justice Nath dictates the order and says: "Till the final orders of this court, the impugned judgment of the high court shall remained stayed."Sibal points out that the Governor will appoint somebody else. To this, Justice Nath says: "We cannot stop it".Sibal replies: "No, you can because I should be appointed."Justice Nath disagreed and said: "Is this your fundamental right to being appointed?"Sibal answered in negative but added: "There is no fundamental right.."Justice Nath said that the court will not stop a fresh nomination.Sibal submitted that there is a case pending before the larger bench of the Supreme Court that the Governor has no role to play in the appointment if the State Cabinet recommends. Referring to this, Sibal says: "I have to be appointed. If I succeed, I am entitled to a Mandamus." However, the court said that they cannot grant such a relief sought by Sibal but modified their directions to "every nomination made in the meanwhile shall be subjected to the final outcome of this petition."BackgroundLast year, the former Chief Minister K Chandrashekar Rao led State Cabinet had recommended Dasoju, belonging to Scheduled Tribes, and another BRS leader Kurra Satyanarayana, from Backward Class community, to be nominated to the MLC. The Constitution of India under Article 171(5) provides that the State Government is empowered to nominate persons having special knowledge or practical experience in Literature, Science, Art, Cooperative Movement, and Social Services to fill the vacancies in the Legislative Council under the "Governor Quota".However, the Governor rejected their nomination on September 19, 2023 on the grounds that the two were "politically aligned persons" and stated that the State Cabinet should avoid recommending such persons. On January 27, this year, the Governor accepted the appointing Prof. M. Kodanda Rama Reddy and Amer Ali Khan as the MLC on the recommendation of the Revanth Reddy-ruling Indian National Congress government. This notification was challenged before the Telangana High Court.On January 30, the Telangana High Court passed interim order directing the parties to...

Supreme Court Says Telangana Governor's MLC Nominations Will Be Subject To Outcome Of BRS Leaders' Petition

Gursimran Kaur Bakshi

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