MLAs’ expulsion: Hyderabad HC asks government, ECI to file counters by April 6

HYDERABAD: Expressing displeasure at the Telangana government and the Election Commission of India for their failure to file counter affidavit in spite of the court order, justice B Siva Sankara Rao of the High Court on Tuesday granted time till Friday (April 6) for filing counter on a petition filed by Telangana Congress MLAs Komatireddy Venkat Reddy and SA Sampath Kumar challenging their expulsion from the membership of the state legislative Assembly.

When the petition came up for hearing, additional advocate-general J Ramachandra Rao, appearing for the state government, sought some more time for filing the counter. Further, he said, the video footage of the House proceedings concerned cannot be submitted to the court as no resolution was passed by the House which was adjourned sine die. In fact, advocate-general D Prakash Reddy had earlier given an undertaking to the court  (for submitting video footage) only at his instance, he noted. Intervening, the judge asked the AAG whether he was also appearing for the Assembly secretary. He found fault with the AAG for the above submission and reminded that he (AAG) himself had said that he was not connected with the earlier statement of the AG.

The court had already recorded AG’s statement and if no video footage was submitted to the court then it would draw negative inferences upon the government, the judge said.In reply, the AAG said that he was representing only the state government. The judge then said that there was no need for him to make submissions on behalf of the Assembly secretary. While refusing to grant some more time for filing the counter, the judge directed the AAG to commence his arguments. “I am bound by the law. Orders will be passed after hearing the arguments”, he said.

Meanwhile, standing counsel for Election Commission of India Avinash Desai sought two days’ time to file counter.The judge, as a last chance, granted him time till April 6 for filing counter affidavits by the state government and ECI, and directed both to serve a copy of the same to the petitioner’s counsel to enable the latter to file his reply to the counter, and posted the matter to April 9.

It may be recalled that the court had earlier directed the Election Commission of India not to take any action, including issue of election notification for byelection, for six weeks pursuant to the Gazette notification issued by the state government notifying the Nalgonda and Alampur (SC) Assembly seats.