Petition challenges selection of three new MLCs

In a similar case, the Supreme Court had ruled that the discretionary power was an exception to the general rule of aid and advise, he added.

Pointing out that the notification issued by the Telangana Governor on the advise of the State Cabinet in nominating G Venkanna, B Saraiah, and B Dayanand as MLCs (who took oath recently), is against the law laid down by the Allahabad High Court in the matter of nomination of MLCs under Governor quota, a petition has been filed in the High Court seeking direction to the said MLCs not to hold the office till disposal of this case.

Petitioner activist T Dhangopal Rao, in his petition, submitted that in the case of nomination of MLCs under Governor quota the Allahabad High Court had said that the advise of the State Cabinet was not binding for the Governor.

In a similar case, the Supreme Court had ruled that the discretionary power was an exception to the general rule of aid and advise, he added. Besides the State Chief Secretary, the petitioner has named the above three MLCs as respondents to the case. The matter is expected to come up for hearing next week.   

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