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HC revokes expulsion of 2 Congress MLAs
In a major relief to the two expelled Congress MLAs – Komatireddy Venkat Reddy and S A Sampath Kumar – the High Court at Hyderabad on Tuesday set aside the expulsion proceedings resolution and restored their Assembly membership “for their continuation as usual for their remaining tenure as duly elected MLAs for all purposes”.
Hyderabad: In a major relief to the two expelled Congress MLAs – Komatireddy Venkat Reddy and S A Sampath Kumar – the High Court at Hyderabad on Tuesday set aside the expulsion proceedings resolution and restored their Assembly membership “for their continuation as usual for their remaining tenure as duly elected MLAs for all purposes”.
The notification issued by the Government indicating the vacancies of Nalgonda and Alampur constituencies of the two Congress MLAs for bye-elections has also been quashed by the Court. The Court, however, made it clear that if at all there is any criminal action to be taken against the MLAs, this order would not be a bar for any such legal recourse.
Justice B Siva Sankar Rao pronounced judgment to this effect allowing the writ petition moved by Komatireddy Venkat Reddy and S A Sampath Kumar against their expulsion. In his 172-page order, the judge extensively quoted from various Supreme Court and other High Courts judgements in dealing with the rival contentions.
The judge held that due process of law was not followed in the present case and principles of natural justice and fundamental rights were violated with no notice being given to the petitioners and no opportunity to explain their stand. He further held non-production of video footage to the petitioners and even to the court necessitates taking adverse inference about the authorities.
The judge asserted that the Constitutional Courts can exercise their jurisdiction in cases where the quasi-Judicial/Judicial action by the Legislature imposing a punishment is not in conformity with the safeguards of due process or where the liberty of citizen is in jeopardy.
When Courts entertain an application or set aside a penal action imposed by a legislative body, they could not be held to be incompetent, it was stated.
