Appeal against HC order to reinstate expelled MLAs

The Telangana state government has decided to fight the Judiciary for directing it to restore the membership of the two expelled Congress MLAs. The High Court had directed the state government to restore the membership of the two MLAs immediately and provide them with all facilities

Now, 12 TRS MLAs have appealed to the Division Bench on the judgment given by the Single Bench of the High Court. The High Court had cancelled the notification issued by the Assembly Secretariat for two vacancies, after the expulsion of the two Congress MLAs and also the resolution passed by the Assembly on the expulsion of the Congress MLAs.

The government officials said that the High Court has directed the state government on restoration of membership of the two Congress MLAs, but the issue belongs to the Assembly and not the State Government.

According to the officials, the resolution on the expulsion of two Congress MLAs was passed by the Assembly. For the restoration of their membership, the Assembly has to pass a resolution on this and the state government has nothing to do with this.

“The issue is between the Assembly and the High Court and not between the state government and the High Court,” the officials said.

They said that when the Assembly passes a resolution, how the State Government can cancel it? But the legal experts said that the Assembly is also part of the State Government and it can take a decision on the restoration of membership of the two MLAs. The state government’s argument is that the courts cannot interfere in Legislature’s issues. Meanwhile, the state government has decided to fight this issue politically and 12 TRS MLAs went to the court on this issue.

The officials said that the MLAs have a right to appeal in the court based on the Single Bench judgment as they are part and parcel of the resolution. The State Government wants to drag this issue without restoring the membership of the Congress MLAs as directed by the High Court. The officials said that after seeing the result of the appeal given by the TRS MLAs, future course of action will be decided by the state government.

THE HIGH COURT had cancelled the notification issued by the Assembly Secretariat for two vacancies, after the expulsion of the two Congress MLAs and also the resolution passed by the Assembly on the expulsion of the Congress MLAs.