Telangana High Court on Thursday quashed the decision of Governor Dr Tamilisai Soundararajan rejecting the nominations of BRS leaders Dasoju Sravan Kumar and Kurra Satyanarayana as Members of the Legislative Council (MLC) under the governor’s quota.

The bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti also quashed the subsequent notification issued on 27 January this year under the Congress government nominating Prof M Kodandaram and Amer Ali Khan as MLC under Governor’s quota.

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The names of Dasoju Sravan Kumar and Kurra Satyanarayana were recommended by the state Cabinet under the BRS government but rejected by Dr Soundararajan on the grounds that the duo did not meet the criteria laid out for nominations under Governor’s quota. She further urged the Chief Minister to avoid recommending politically aligned persons under such nominations. The two leaders had then approached the High Court.

Today, the bench quashed the orders of the Governor on 19 September 2023 on Dasoju Sravan Kumar and Kurra Satyanarayana and also the subsequent recommendation of the Council of ministers (Congress) on 13 January 2024 regarding M Kodandaram and Amer Ali Khan. The order issued by the court said “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 ministers either to furnish requisite documents/information or for reconsideration of the recommendation made by the Council of Ministers.”

The court further observed that the Governor was not answerable to the court according to Article 361 of The Constitution and hence no positive direction can be issued to him. However, it hoped and trusted that suitable action in accordance with the provisions of the Constitution shall be taken.