HC Quashes Governor’s MLC Notifications, Decks Cleared for Prof. Kodandaram and Amir Ali Khan
Governor’s MLC Notifications | Hyderabad, March 7 (Maxim News): The Telangana High Court has struck down the appointment of MLCs Prof Kodandaram and Amir Ali Khan under the State Governor’s quota and suggested to the Governor that the list of quota MLCs should be placed before the cabinet once again to take a decision a fresh.
According to the details, the High Court has made important comments on the appointment of MLCs in the Governor’s quota in Telangana.
Governor’s MLC Notifications
During the BRS government, Dasoju Sravan, and K Satyanarayana. The court ordered the governor to reconsider their election.
At the same time, the High Court struck down the gazette issued by the government appointing two MLCs. In this order, the court dismissed the appointments of Kodandaram and Amir Ali Khan as MLCs.
Also, the High Court pointed out that the Governor should abide by the decisions of the Council of Ministers.
Further, the court said that new appointments of MLCs should be taken up again, the lawyers for the petitioner brought to the notice of the High Court that the Governor cannot stop the decision of the Cabinet under Article 171.
Court in its Conclusion Made
“The impugned orders dated 19.09.2023 are quashed and the subsequent recommendation of Council of Ministers, dated 13.01.2024 in favour respondent Nos.4 and 5, Orders of the Governor, dated 27.01.2024 and Gazette Notifications, dated 27.01.2024 are quashed. A public law declaration is issued that the Governor is bound to act on the aid and advice of the Council of Ministers while exercising powers under Article 171(5) of the Constitution of India. However, it is open for the Governor to examine the issues of eligibility or disqualification of a person recommended by the Council of Ministers, to the Legislative Council. In addition, the Governor has the power to remit the matter to the Council of 73 Ministers either to furnish requisite documents/information or for re-consideration of the recommendation made by the Council of Ministers. The Governor is not answerable to the Court in view of Article 361 of the Constitution of India. No positive direction can be issued to the Governor. However, in the facts and circumstances of these cases, this Court hopes and trusts that suitable action in accordance with the provisions of the Constitution shall be taken.” (Maxim News)
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