HYDERABAD: Pointing out that the petitioner MLAs have not ventilated any grievance against the state government nor sought any relief in the present case, the Telangana government, in its counter affidavit before the Hyderabad High Court on Friday, denied having any role in the episode of expelling Congress MLAs Komatireddy Venkat Reddy and SA Sampath Kumar from the service of the House by a resolution on March 13 this year.
The Election Commission of India also filed its counter affidavit in the case stating that it was the duty of the commission to conduct by-election for filling any vacancy within a period of six months from the date of occurrence of the vacancy. Pursuant to an earlier direction given by the court, the state government and the ECI filed counter affidavits on the writ petition filed by Komatireddy and Sampath challenging their expulsion from the House. The court had earlier directed the ECI not to take any action, including issue of election notification for by-election, for six weeks (from March 19) pursuant to the Gazette issued by the state government notifying vacancy for Nalgonda and Alampur (SC) Assembly constituencies.
The government, represented by secretary to government, legal affairs, legislative affairs and justice, law department V Niranjan Rao, submitted that the case was filed against the action of the Assembly secretary and to direct the latter to produce the video footage that establishes the injury caused by throwing the earphone at Legislative Council chairman by Komatireddy during the pre-budget speech of the governor and other related issues. The petitioners have not ventilated any grievance against the government nor sought any relief. “It appears that under a misconception the petitioners have impleaded me as one of the respondents. In the entire issue highlighted by the petitioners in the instant petition, no proceeding has been issued nor is there any likelihood of my involvement in future”, it noted and urged the court to dismiss the petition with costs.
The ECI, represented by deputy chief electoral officer M Satyavani, submitted that in compliance of the orders of the court the ECI had so far not taken any step to conduct the by-elections. Under Section 151A of the Representation of the People Act, 1951 it was the duty of the Election Commission to conduct a by-poll for filling any vacancy within a period of six months from the date of occurrence of the vacancy, it added.
The matter will come up for hearing before justice B Siva Sankara Rao on Monday.On an earlier occasion, the court had directed the Assembly secretary to submit the original video footage in a sealed cover by March 22 on the alleged throwing of earphone at the Legislative Council chairman on March 12.