Telangana HC stays order on petitions looking for MLA disqualifications | Newest Information India

A division bench of chief justice Alok Aradhe and justice J Sreenivas Rao put aside the judgement given by a single choose bench of justice B Vijaysen Reddy on September 9 directing Telangana legislature secretary common Dr Narasimha Charyulu to resolve on the disqualification pleas pending earlier than the meeting speaker inside 4 weeks.

The division bench delivered the judgement after listening to the arguments on three appeals filed by Charyulu who challenged the order of the one choose bench and its authorized validity in view of the powers the speaker has at a pre-decisional stage.

The division bench refused to impose any time-frame on the speaker to resolve on the disqualification petitions. Nevertheless, the bench requested the speaker to resolve the pleas inside an inexpensive time. Justice Aradhe mentioned the speaker, as chairman of the tribunal constituted underneath Schedule 10 of the Structure, should consider the aim of this schedule and the resultant anti-defection legislation. “The speaker should additionally consider the tenure of the present meeting and resolve the pending disqualification pleas earlier than him inside an inexpensive time,” he mentioned.

The meeting secretary, in his plea contended, that the courts can overview its choices solely after the speaker takes a call and never earlier than that.

The pending pleas pertain to a few legislators –– Danam Nagender, Kadiam Srihari and Tellam Venkat Rao –– who obtained elected on BRS tickets and later switched to the Congress with out relinquishing their legislator posts.

Whereas BRS leaders Padi Kaushik Reddy and KP Vivekananda filed three separate pleas looking for disqualification of all of the MLAs, BJP flooring chief within the meeting Aleti Maheshwar Reddy filed a separate plea looking for disqualification of Danam Nagender who contested as a Congress candidate within the Secunderabad Lok Sabha seat instantly after getting elected because the Khairatabad MLA on a BRS ticket.

On September 9, justice Vijaysen Reddy gave 4 weeks to the state legislative meeting speaker G Prasad Kumar to resolve on these disqualification petitions. He directed the state meeting secretary to put the file pertaining to the disqualification petitions earlier than the speaker instantly. The choose additionally instructed the meeting speaker to resolve on the pleas inside 4 weeks.

Whereas disposing of the petitions, the court docket indicated that the case could be reopened suo motu if the speaker fails to resolve inside 4 weeks. This was challenged earlier than the division bench by the state meeting secretary.