VIJAYAWADA: The Andhra Pradesh High Court has delivered a significant ruling directing the Legislative Assembly Speaker and the Legislative Council Chairman to decide on resignation letters submitted by legislators within a fixed time frame of not more than 30 days.
The court further made it clear that delays in taking decisions on such resignations are impermissible.
In a rare and unprecedented judgment, the court also imposed a fine of Rs 10,000 on the Chairman of the Legislative Council for delaying the filing of a counter-affidavit in the case. The court observed that this was perhaps the only incident in the country where the Chairman of a legislative body has been fined by a court.
Justice Gannamaneni Ramakrishna Prasad ruled that any resignation submitted by a legislator must be decided within a minimum of 15 days and a maximum of 30 days. The court emphasised that presiding officers cannot indefinitely postpone decisions on resignation letters under the guise of discretion.
The judgment came while hearing a petition filed by MLC Jayamangala Venkataramana, who was elected to the Legislative Council on a YSRCP ticket, resigned from his MLC post, and subsequently joined the Jana Sena Party.
Seeking a direction to the Chairman to act in accordance with the law, Venkataramana filed a petition before the High Court. Justice Ramakrishna Prasad, who had earlier reserved the verdict, delivered the ruling on Thursday.
Along with the judgment, the court also directed the Legislative Council Chairman to conduct a proper inquiry and issue a decision within four weeks on the resignation submitted by MLC Jayamangala Venkataramana, and to duly communicate the decision to him.
The court held that failing to decide within a reasonable time amounts to misuse of discretionary powers and violates constitutional principles. “Lawmakers cannot consider themselves above the law,” the judgment observed.
Referring to parliamentary debates during the 33rd Constitutional Amendment, the court noted that the Speaker and Council Chairman are expected to take a decision on legislative resignations within 30 days.
In his judgment, Justice Prasad stated that the Council Chairman has the authority to examine whether the resignation was submitted voluntarily or due to other reasons. However, issuing notices and initiating an inquiry one year after the resignation was tendered is neither reasonable nor justified, the court said.
The judgment underscored that the Constitution assigns a high status to the Speaker and Council Chairman and places unwavering trust in their impartiality.
It also reiterated that decisions of constitutional authorities must conform to constitutional principles and can be judicially reviewed if they are defunct. “It is the responsibility of constitutional functionaries to uphold the spirit of the Constitution,” the court observed.