Writs to disqualify BRS MLAs who defected to Congress

Telangana High Court
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Telangana High Court

Highlights

A-G tells HC it can’t pass orders before Assembly Speaker’s decision

Hyderabad: State Advocate-General A Sudershan Reddy on Monday argued before Justice B Vijaysen Reddy of the Telangana HC on the two writs seeking a direction to the Assembly Speaker to take action against all the BRS MLAs who defected to the Congress without resigning from the preliminary membership of the party.

He cited two Supreme Court judgments, one delivered by a five-judge bench and another by three judges which categorically stated that the Assembly Speaker can’t be directed to act on disqualification petitions of MLAs pending before him.

The A-G contended that the petitioner representing the BRS had filed the writs in the HC seeking its early indulgence in haste, i.e, just after 10 days they had filed the disqualification petitions before the Speaker. Reddy asserted that prior to the Speaker's decision on disqualification, the court can’t direct him to dispose of the issue within a certain time-limit.

Gandra Mohan Rao, senior counsel appearing for the petitioners informed the court that the A-G is arguing the case at length and is consuming a lot of time. By the time he concludes his arguments more BRS MLAs may join the Congress. He sought intervention of the court to ensure that the adjudication of the writs is done expeditiously.

The court was adjudicating the writ filed by Padi Kaushik Reddy, MLA (Huzurabad) party, seeking disqualification of Danam Nagender, MLA and the other filed by Kuna Pandu Vivekananda, MLA, seeking disqualification of MLAs Tellam Venkata Rao (Bhadradri-Kothagudem), Kadiyam Srihari (Ghanpur) for ‘defecting’ to the Congress.

Due to paucity of time, the court adjourned the hearing until July 11 for further arguments of A-G.

Notices issued to State & Central govts on illegal mining in Sultanpur Reserve Forest, Suryapet dist

On Monday the HC division bench comprising of CJ Alok Aradhe and Justice Jukanti Anil Kumar issued notices to the State and Central governments directing them to respond furnishing reasons for not restraining M/s. Sagar Cements Ltd and M/s. NCL Industries Ltd, as they are conducting mining operations within the Sultanpur Reserve Forest, Mattampalli, Suryapet district, other than the area, which is allocated to them.

The bench issued notices to the Secretary, Ministry of Environment Forest & Climate, Principal Secretaries to the State Forest department, Industries and Commerce, Principal Chief Conservator of Forest, Director of Mines and Geology, TG, Collector Suryapet district and the Pollution Control Board, Telangana.

Both the industries are carrying out ‘illegal’ mining of cement, production of clinker in Sultanpur Reserve Forest and further production of limestone in MattampallI over and above the areas demarcated to them. NCL Industries was granted a lease of 208.9 hectares in compartment no. 14 for 10 years, but later the lease area was reduced to 46.356 hectares.

Despite this, the industry is unauthorisedly resorting to mining in compartment no. 13. Sagar Cements has encroached 65.38 hectares of forest land and is carrying out mining in the forest area. Due to the illegal mining by the companies, the State exchequer is at a loss.

The bench was adjudicating the writ filed by Karnati Venkata Reddy, an advocate from Sarvaram village, Garidepally mandal, Suryapet district, seeking directions to the State and Central officials to probe into the illegal mining by both the companies, thereby causing a huge loss to the State. Hearing in the case was adjourned by four weeks for filing counter-affidavits.

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