TS Speaker Asked To Act in 3 Months
- HC on TDP MLAs’ Defections
Hyderabad: Justice M Ramachandra Rao of Hyderabad High Court had directed Madhusudhana Chary, Speaker of TS Assembly, to take a decision on the disqualification of the 12 TDP MLAs for defecting to the TRS.
Madhusudhana Chary has not taken a decision on the defection of the TDP MLAs and the merger of TDLP into the Telangana Rashtra Samiti Legislature Party (TRSLP) for months.
TDP MLA Revant Reddy filed a petition praying for orders setting aside the bulletin issued by the Speaker on the merger of two legislative parties. The judge had asked the Speaker to take a decision on the TDLP’s plea on disqualifying the MLAs who had defected to TRS. According to the 91st Constitutional amendment of 2003, the courts can only examine the decisions taken by the Speaker. They cannot pronounce judgment before the Speaker takes a decision for which no time limit was prescribed by law. As far as the merger of the legislature parties is concerned, a merger is allowed only when two-thirds of the legislature party decide to merge or remain as a separate group causing a split in the party. In the case of the TDP MLAs in TS, the defections took place in phases. Two-thirds of the total members did not defect in one go. That is why the order of the HC to the Speaker was to decide if the defected MLAs could be disqualified. The question of merger can be decided on the basis of Speaker’s decision on the disqualification.
The Speaker was given three months time to decide. It is a reasonable time. The decision of the HC could have ramifications on the AP Assembly. The very same TDP is a perpetrator of defections in AP luring the YSRCP MLAs into its fold. The YSRCP legislature party had submitted an appeal to Speaker Dr Kodela Siva Prasad who rejected the request saying that the appeal was not in appropriate format. A writ petition filed by YSRCP MP Mekapati Rajamohan Reddy in Supreme Court was not entertained. The petitioner was asked to approach the high court.