Restore rights of Komatireddy, Sampath as MLAs: Congress tells Guv

Hyderabad, May 7 (Maxim News): The Congress party has requested Governor E.S.L. Narasimhan at Raj Bhavan to direct the Telangana Government and Assembly to restore all the benefits and privileges that are available to Komati Reddy Venkat Reddy and S. A. Sampath Kumar as sitting MLAs to “uphold the rule of law and the judgment of High Court in true letter and spirit.”

A delegation comprising of TPCC President Capt. N. Uttam Kumar Reddy, CLP leader K. Jana Reddy, Leader of Opposition in Council Mohammed Ali Shabbir, TPCC Mallu Bhatti Vikramarka, MLAs T. Jeevan Reddy, Padmavathi Reddy, Vamshichand Reddy, Donthi Madhava Reddy, MLC Santosh Kumar and others met the Governor at Raj Bhavan on Monday. They informed the Governor that MLAs – Komatireddy Venkat Reddy and Sampath Kumar were expelled from Assembly by “an illegal and unconstitutional resolution” by the House of Telangana Legislative Assembly due to “an erroneous view of fact and law” on March 13 and later declared the vacancy of seats on the same day by duly notifying the Election Commission of India.

The Congress leaders informed that acting on a Writ Petition filed by the MLAs, the High Court has set aside the expulsion order passed by the Assembly and also the notification leading to automatic restoration and revival of the membership of Komatireddy and Sampath Kumar.

“Though 20 days have elapsed from the date of delivery of the judgement, neither the State Government nor the Assembly preferred any appeal against the said judgement, thereby allowed the judgement of the single judge attain finality. The learned Single Judge has categorically held that the expulsion proceedings are set aside and the petitioners’ membership in the Telangana Legislative Assembly is automatically restored and revived. Court also further upheld the continuance of our MLAs in the Telangana Assembly for the remaining tenure as duly elected MLAs for all practical purposes.

Inspite of specific observation by the court that our member’s membership has been automatically restored and revived and continuance of their membership for the remaining tenure as duly elected MLAs for all practical purposes, the Assembly website is still not showing our members as MLAs and the protocol and privileges have not been extended to our members so far and the Chief Secretary of the State and the Director General of Police and the Principal Secretary, Law and Legislature have not extended the protocol and privileges that are available to sitting MLAs/to our above said writ petitioners which reflects the autocratic behavior of the State Government,” Uttam Kumar Reddy said.

Uttam Kumar Reddy said that the State Government’s hesitance to release the video footage of alleged attack on Council Chairman Swamy Goud in public domain or submit the same in High Court clearly shows that Congress MLAs did nothing wrong. He said that the expulsion of two MLAs and suspension of remaining legislators for entire session was part of TRS Government’s conspiracy to pass the budget without any discussion.

Reacting to Legislative Affairs Minister T. Harish Rao’s comments that courts have no jurisdiction over legislature, Uttam Kumar Reddy said that the court’s interference would be needed if legislature adopts unconstitutional and undemocratic means to implement wrong decisions.

Citing Article 12 and 154 of the Constitution of India, the TPCC Chief said that the Governor was empowered to direct the State/Assembly to implement the order of the High Court.

“The Governor as a Head of the State as well as Head of the Legislature has all the powers to direct the State being represented by the Chief Secretary and the Director General of Police to uphold the rule of law and to implement the judgements of courts which are binding on the executive and legislative and governmental authorities,” Uttam Kumar Reddy said.

Meanwhile, another delegation submitted a separate memorandum to Chief Secretary S.K. Joshi on the issue. (Maxim News)