HYDERABAD: Citing various court judgments, expelled Telangana Congress MLA Komatireddy Venkat Reddy submitted to the Hyderabad High Court that the Courts have judicial powers to review the decision of the House, if they are tainted with malafides, gross illegality and irrationality.
“The reasons stated inside the House and outside the House are different and the reasons explained in the court are also different. This is nothing but malafide action tainted with illegality and irrationality. We (Komatireddy and SA Sampath Kumar) have been expelled from the House of Telangana Legislative Assembly for the alleged hurt/causing injury to the chairman of Legislative Council. However, we were neither given an opportunity to explain nor were informed the reasons for our expulsion. It is our case that the legislative body functions as per conventions, procedures and practices and those were not followed while expelling us,” he noted.
In this regard, Komatireddy filed a reply affidavit to the counter filed by the Telangana government in the writ petition by him and Sampath challenging their expulsion from the membership of the State Assembly.
In the reply affidavit, the Congress leader said the Advocate General (AG), who argued on behalf of both the State as well as the Legislature, had given an undertaking to produce original video footage recording before the court.
Later, the Additional Advocate General (AAG) appeared in the case stating that he appears only for Telangana state and not for the state Assembly, and also submitted that the court do not have power to issue notice to the legislature secretariat and that the video footage or documents cannot be submitted before the court without the resolution passed by the House which was adjourned sine die.
“The AAG submission was not true,” he added. “As the resignation of the advocate general was not accepted so far, it had to be construed that he was still holding the post and his undertaking before the court holds good as on today. Any failure on the part of the state or the government has to be viewed seriously by the high court,” he submitted. The matter will come up for hearing before Justice B Siva Sankara Rao on Monday.