Assembly Secretary, TGSLA file appeals challenging single judge order

Hyderabad: On Tuesday, the High Court Division Bench comprising Chief Justice Alok Aradhe and Justice J Srinivas Rao heard the three writ appeals filed by the Telangana Assembly Secretary, challenging the single judge order.

The Chief Justice Bench heard Advocate General Sudershan Reddy, representing the Secretary, Telangana State Legislative Assembly in the writ appeals filed, seeking a direction to set aside the orders of the Telangana High Court single judge.

The Advocate General A Sudershan Reddy representing the Assembly Secretary and Jandhyala Ravi Shankar, Senior Counsel appeared for Danam Nagender and informed the Court that the single judge had erred in directing the Assembly Secretary to place the disqualification petitions before the Hon’ble Speaker for fixing the schedule and such a direction cannot be issued to the Secretary, both the AG and the Senior Counsel contended before the Court.

The petitioners before the single judge have approached the court within 10 days of filing the disqualification petitions, whereas as per rules, the disqualification petitions, once they are filed in the Speaker’s office, the outer limit is three months, within which the Speaker will look into the issue.

Further, the Advocate General and the Senior Counsel Ravi Shankar contended that the single judge had issued a direction to the Secretary, TGSLA at a stage when the Speaker had to take a decision i.e. at the pre-decisional stage, itself, the petitioners approached the High Court by filing writ petitions, which is premature.

The five-judge bench judgment of the Supreme Court was cited, which clearly says that the Courts cannot issue a direction to the Speaker of the State Assembly to take action on the disqualification petitions.

Hence, the Advocate General and the Senior Counsel Ravishankar sought a direction to set aside the single judge order.

On September 9, Justice Bollam Vijaysen Reddy directed the Secretary, Telangana State Legislative Assembly to place the disqualification petitions pertaining to Danam Nagender, Kadiyam Srihari and Tellam Venkat Rao before the Hon’ble Speaker for fixing a schedule of hearing (filing of pleadings, documents, personal hearing etc.) within a period of four weeks.

Further, the single judge had directed the Assembly Secretary to inform the court about the schedule so fixed to be communicated to the Registrar (Judicial), High Court within a period of four weeks, failing which the single judge will reopen the batch of writ petitions suo motu. The case was adjourned till Wednesday for further hearing.