HYDERABAD: Making it clear that the Governor is obligated to act on the advice of the Council of Ministers, the High Court on Thursday quashed the orders issued by Governor Tamilsai Soundararajan in September 2023 rejecting the recommendation of the then Cabinet to appoint Dasoju Sravan and Kurra Satyanarayana as MLCs under the Governor’s quota.
The court also nullified the January 13, 2024 recommendation of the present Cabinet to nominate Prof M Kodandaram Reddy and Amer Ali Khan as MLCs, along with the orders of the Governor accepting this recommendation and the gazette notifications issued on January 27, 2024.
A bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, however, made it clear that the Governor retains the authority to examine the eligibility of a person recommended by the Cabinet to the Council.
The bench emphasised that the Governor possesses the power to remit the matter back to the Council of Ministers for reconsideration or to furnish necessary documents / information.
Meanwhile, Sravan and Satyanarayana welcomed the order and requested the Governor to accept the nomination made by the BRS Cabinet.
Governor not answerable to court, says bench
The bench underscored that the Governor was not answerable to the court, citing Article 361 of the Constitution, which grants the Governor immunity from legal proceedings.
The bench was hearing a legal challenge brought forth by BRS nominees Dasoju Sravan Kumar and Kurra Satyanarayana, who contested the Governor’s authority to reject their nominations. The matter is pending adjudication regarding the maintainability of the petitions in light of Article 361.
Despite pending hearings, the Council of Ministers recommended Prof Kodandaram and Amer Ali Khan as Members of the Legislative Council on January 13, 2024. The Governor accepted the recommendation on January 27, 2024, and the gazette notifications were issued the same day.
The bench had on January 30, 2024, ordered a status quo till further orders.
Senior advocates Aditya Sondhi and B Mayur Reddy representing the BRS nominees argued that the Governor exceeded her constitutional mandate outlined in Article 171(5). However, the Court maintained that while the Governor can raise objections regarding nominee eligibility, such objections must be referred back to the Cabinet for consideration.
“The decision is a significant milestone in our journey, emphasising the principles of justice and equality embedded in our legal framework,” said Sravan in a statement.
The BRS leaders appealed to the Governor to acknowledge their dedicated struggle, sacrifices and services in public life. “Our endeavours have consistently aligned with the ethos of serving the community, thereby making noteworthy contributions to society at large,” they said.
“We hail from the most underprivileged sections of society,” they said, pointing out that Sravan belongs to the Backward Classes and Satyanarayana is from a tribal community.
“We earnestly request the Governor to consider our appeal for the implementation of the nomination made by the Council of Ministers in July 2023 in accordance with the High Court judgment in letter and spirit,” they said.