HYDERABAD: Alleging that there was malafide political intentions behind their expulsion from the Telangana Legislative Assembly and that the Speaker and the state government had a role in it, Telangana Congress MLAs Komatireddy Venkat Reddy and SA Sampath Kumar on Friday told the Hyderabad High Court that the Governor’s address to the members of legislative assembly and legislative council was in no way connected with the House proceedings. They argued that the impugned decision of the Speaker was liable to be set aside.
Their counsel Jandhyala Ravi Shankar made these submissions before Justice B Siva Sankara Rao while dealing with a petition filed by the two expelled MLAs seeking declaration of the action of the Legislature secretary illegal. They sought court directions to the Election Commission of India not to issue poll schedule to hold by-elections for the two seats.
The counsel pointed out that without issue of any notice or opportunity to explain about the alleged obstruction or interruption at the time of Governor’s address on March 12 this year, the two members were expelled from the service of the House by a resolution on March 13, and issuing gazette notifying vacancy for Nalgonda and Alampur (SC) Assembly constituencies. As the Governor’s address was not part of the House proceedings, the Speaker has no power to take such an action, he noted.
Citing a Supreme Court judgment wherein it was held that the principles of natural justice and Article 14, 19 of the Constitution of India were applicable even inside the House, Ravi Shankar said that the expulsion of the two members were made in violation of the principles of natural justice. As for the allegation of throwing ear phone at the council chairman, the chairman stayed on the dais even after the incident and shared light moments.
Thereafter, he and the Speaker accompanied the Governor till the latter’s car to see him off. After this, the chairman complained of pain in his eye and later a bandage was put on it. Expressing doubt about the injury, the counsel said that the video footage was a crucial document to be examined, but it had not been released till date.When the judge asked for the government’s response, Telangana advocate general D Prakash Reddy requested the court to grant some time to respond to various factual issues raised by the petitioners. The judge then posted the matter to Monday.
Komatireddy files RTI application to get video footage
Congress leader Komatireddy Venkat Reddy, who has been requesting the Assembly Speaker S Madhusudana Chary to release the video footage of incidents that happened in Assembly on March 12, has sought the same information as per Right to Information Act. The expelled member submitted an application under RTI Act asking the secretary of the State Legislature to give him the entire video footage.