HYDERABAD: Expressing its disinclination to issue fresh notice to Speaker of Telangana State Assembly on a batch petitions seeking directions to the Speaker to expedite hearing of applications pending before him for disqualification of certain TDP, Congress and YSRCP MLAs who joined the ruling TRS party, a division bench of the Hyderabad High Court on Thursday said that it would decide the matter based on merit.
The bench comprising Acting Chief Justice Dilip B Bhosale and Justice S V Bhatt was hearing petitions filed by TDP, Congress and YSRC leaders of Telangana contending that the action of respondent MLAs will attract Anti Defection Law as they have joined the TRS without resigning to the parties whom they belonged. They sought action against these MLAs under the Anti-Defection Law.
Petitioner E Dayakar Rao, Telangana TDP leader, sought the court to issue direction to the Speaker to expedite hearing on disqualification of three TDP MLAs Talasani Srinivas Yadav, Teegala Krishna Reddy and Challa Dharma Reddy.
The petitioners’ counsel brought to the notice of the bench that the Speaker has refused to accept the notice despite it was sent to him through a special messenger of the court. He urged the court to issue fresh notice to the Speaker because in this case he is only a chairman of the tribunal which is to decide the disqualification applications.
The bench sought Advocate General’s view on the matter. Advocate General of Telangana K Ramakrishna Reddy said that the Speaker usually does not accept notices from any of the courts. It is the prerogative of the Speaker and has every right to reject the notice and the court has no jurisdiction to question the power of Speaker.
The bench said that it would decide the case based on merit and posted the matter to August 20.