MLCs’ disqualification row: Telangana HC asks Council for records

HC asks for pertaining documents for examination, instructs ECI not to issue notification for polls to said seats until further notice.

Published: 10th May 2019 09:19 AM  |   Last Updated: 10th May 2019 09:19 AM   |  A+A-

Telangana High Court. (File Photo)

By Express News Service

HYDERABAD: The vacation Bench of the Telangana High Court on Thursday directed the Secretary to State Legislative Council to produce records pertaining to the disqualification of MLCs R Bhoopathi Reddy and K Yadava Reddy. Besides, the Bench also directed the Election Commission of India to not issue poll notification for the above MLC seats until the court decides the matter.

The Bench passed this order in relation to separate petitions filed by Bhoopathi Reddy and Yadava Reddy, challenging their disqualification from the Council. Senior counsel D Prakash Reddy, appearing for Yadava Reddy, told the court his client was disqualified based on media reports claiming he had joined the Congress party.

“There is no truth to reports which said that he (Yadava Reddy) met top Congress leaders, including the party president, and joined the party before the Assembly elections in December 2018. It was presumed he had joined Congress,” he said, adding that the petitioner was given no chance to defend himself before the Council Chairman. The principles of natural justice were not followed, he said and urged the court to call for the relevant records for examination.

Advocate Anand Kumar Kapoor, appearing for Bhoopathi Reddy, also told the court the Council Chairman disqualified his client based on newspaper reports and audiovisuals. In fact, no opportunity was given to the petitioner to defend himself.

When the ruling party itself has agreed that all Congress MLCs had merged into TRS, then the question of the petitioners defecting into Congress party does not arise at all, he argued. After hearing the submissions of both the counsels, the Bench directed the Secretary to Legislative Council to place before it the relevant records and posted the matter to May 15.

On Wednesday, the bench adjourned the hearing of another petition filed by S Ramulu Naik, challenging his disqualification from the MLC post, to May 15 for final hearing. Supreme Court senior counsel Salman Khursheed will represent Ramulu Naik in the case.