Hyderabad HC refuses to entertain plea on MLAs' expulsion

Vishwas News

Hyderabad, June 5:A two-judge bench of the High Court at Hyderabad, comprising acting Chief Justice Ramesh Ranganathan and Justice K Vijaylakshmi, on Monday refused to entertain an application of TRS MLAs on the question of expulsion of Congress MLAs Komtireddy Venkat Reddy and SA Sampath Kumar. It may be recalled that the two Congress MLAs were expelled from the House on charges of 'Privilege'.
Twelve TRS MLAs filed the application seeking leave of the court to file the appeal against an order of the single judge who set aside the proceeding of the House expelling the two MLAs.
Writ petitioners K Venkat Reddy and SA Sampath Kumar contended that the MLAs could not file the appeal and an appeal was not maintainable at their instance. Agreeing with the objection of the MLAs, the bench pointed out that they did not examine the judgement of the single judge on merits and restricted the inquiry only to the question 'to whether or not the applicants are entitled for grant of leave to prefer an appeal'.
The bench addressed the question whether civil rights of the applicants had been infringed upon. It pointed out that the person who is not a party to the writ petition could not file an appeal without leave of the court.
Acting Chief Justice pointed out that the plea of the applicants is that they voted in favour of the expulsion resolution and hence have a right to file the appeal. If that is so, even those legislatures who opposed the motion have a right to file the appeal. He made it clear that only the Assembly can be said to be a 'person aggrieved' and not any individual member or group of members of the Legislative Assembly.
Parliamentary privilege is a special dignity and authority enjoyed by each house in its corporate capacity. Hence, it ruled that individual member could not have filed the appeal when they were not parties before the single judge.
Making it clear that the government or the House could have filed the appeal, the bench said that it would not have entertained even if the Advocate General had filed an appeal, and the case of the applicant legislators was the same.
Source: Vishwas News



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