HYDERABAD: The Telangana high court said on Monday while hearing a row over nomination of two MLCs (governor’s quota) that it would examine in detail whether a governor has power under Article 171 (5) of the Constitution to reject names proposed by govt.
A bench comprising Chief Justice Alok Aradhe and Justice J Anil Kumar is hearing two petitions filed by the previous BRS govt’s two MLC nominees under governor’s quota, Dasoju Sravan and Kurra Satyanarayana, challenging governor Tamilisai Soundararajan’s rejection of their candidature on grounds of insufficient detail.
Subsequently, Congress had nominated Prof M Kodandaram and journalist Amer Ali Khan for the same two MLC seats and it was approved by the governor. However, the two are yet to take the oath and the HC has stayed their appointment till constitutional questions raised in the BRS nominees’ pleas are settled.
“On the one hand she (governor) says the material on BRS nominees was insufficient. On the other hand she uses the same insufficient material to reject them. Rejection, too, must be backed by sufficient material. We will examine whether a governor has such rejection power under Article 171 (5). This provision does not give her such independent powers. She has to act in consonance with the aid and advice of the council of ministers,” the bench said.
Senior counsel Avinash Desai, who appeared for Kodandaram and Khan, said while a governor was bound by Article 171 (5) to approve names of eminent people sent by the state cabinet, she still has discretion to examine the constitutionality of cabinet’s decision.
The HC is hearing pleas by previous BRS govt’s 2 MLC nominees challenging their rejection by governor due to “insufficient details”
The HC is hearing pleas by previous BRS govt’s 2 MLC nominees challenging their rejection by governor due to “insufficient details”
A bench comprising Chief Justice Alok Aradhe and Justice J Anil Kumar is hearing two petitions filed by the previous BRS govt’s two MLC nominees under governor’s quota, Dasoju Sravan and Kurra Satyanarayana, challenging governor Tamilisai Soundararajan’s rejection of their candidature on grounds of insufficient detail.
Subsequently, Congress had nominated Prof M Kodandaram and journalist Amer Ali Khan for the same two MLC seats and it was approved by the governor. However, the two are yet to take the oath and the HC has stayed their appointment till constitutional questions raised in the BRS nominees’ pleas are settled.
“On the one hand she (governor) says the material on BRS nominees was insufficient. On the other hand she uses the same insufficient material to reject them. Rejection, too, must be backed by sufficient material. We will examine whether a governor has such rejection power under Article 171 (5). This provision does not give her such independent powers. She has to act in consonance with the aid and advice of the council of ministers,” the bench said.
Senior counsel Avinash Desai, who appeared for Kodandaram and Khan, said while a governor was bound by Article 171 (5) to approve names of eminent people sent by the state cabinet, she still has discretion to examine the constitutionality of cabinet’s decision.
The HC is hearing pleas by previous BRS govt’s 2 MLC nominees challenging their rejection by governor due to “insufficient details”
The HC is hearing pleas by previous BRS govt’s 2 MLC nominees challenging their rejection by governor due to “insufficient details”