HYDERABAD: In a significant development, the special court trying cases against MPs and MLAs, on Thursday directed Andhra Pradesh Legislative Assembly Speaker Kodela Siva Prasad Rao to appear before it on October 10 in the case alleging that he had exceeded the election expenditure limit in 2014 general elections.
The special court passed the order in response to a private complaint filed by S Bhaskar Reddy in a Karimnagar court in 2017, seeking action against Kodela for exceeding the election expenditure limit.
During an interview on a TV channel in 2016, Kodela himself stated that he had spent a whopping `11.5 crore in 2014 elections, Bhaskar Reddy pointed out.
After hearing the case, the Karimnagar court ordered for personal appearance of Kodela. Aggrieved with the court order, the Speaker approached the High Court seeking exemption from personal appearance. On June 19, 2017, the court passed an interim order granting him exemption from personal appearance before the lower court in the case.
On May 28 this year, when the matter came up for hearing before the Karimnagar court, the counsel for complainant filed a memo stating that as per the recent order passed by the Supreme Court, the interim order (stay order) passed earlier on the proceedings in any pending trial -civil or criminal cases - automatically lapses after six months, unless extended by a speaking order that explains the need for the stay order. If there is no such speaking order, the trial court may resume the proceedings without waiting further, he added.
Taking these submissions into consideration, the Karimnagar First Class Judicial Magistrate (Special Mobile) Court directed Kodela to appear on the day of case hearing i.e. June 18 or to place the order of extension of earlier order of the High Court.
Challenging the same, Kodela moved the High Court for relief contending that the earlier order issued by the lower court will lapse after six months from the day the order of the Supreme Court was passed i.e. March 28, 2018.
Taking these submissions into consideration, the High court set aside the lower court order in June. Meanwhile, the case was transferred to the special court, which was set up as per the direction of Supreme Court to try cases against MPs and MLAs.
When the matter came up for hearing on Thursday, the special court found that the six month period of stay order ended on September 27 and ordered personal appearance of Kodela in the case on October 10.
As the stay order of the HC ended, Kodela has already filed a miscellaneous petition seeking extension of the order. However, it has not come up for hearing before the HC.
Kodela’s move
As the stay order of the High Court ended, Assembly Speaker Kodela Siva Prasad Rao has already filed
a miscellaneous petition seeking extension of the order. However, it has not come up for hearing before the High Court
Pvt complaint
S Bhaskar Reddy filed a private complaint in a Karimnagar court in 2017, seeking action against Speaker Kodela for exceeding the poll expenditure limit. In an interview on a TV channel in 2016, Kodela himself stated that he spent a whopping H11.5 crore in 2014 elections