Does the power of an Assembly Speaker or Council Chairman to disqualify members of the House override the right of the members to be heard before being disqualified? Elaborate arguments were presented in the Telangana High Court on Friday on this point.

Continuing the arguments in a writ petition filed by K. Yadav Reddy, R. Bhupathi Reddy and Sabavat Ramulu Naik challenging their disqualification as MLCs from Telangana Legislative Council, the government counsel defended the Chairman’s action. However, the Bench comprising Acting Chief Justice Raghvendra Singh Chauhan and Justice Shameem Akther, which heard the arguments, sought to know if the disqualified members were given an opportunity to explain their case.

Additional Advocate General J. Ramchandra Rao told the Bench that, under Tenth Schedule of the Constitution, the Speaker or Chairman have powers to disqualify a member. If the Chairman was satisfied that a member had given up the House membership by way of his or her conduct, the member can be disqualified, Mr. Rao contended. “Inference can be drawn by the Speaker or Chairman based on the conduct of the member,” Mr. Rao argued.

Widely reported

In Mr. Yadava Reddy’s case, the AAG said, several newspapers and TV news channels had reported that he had quit the ruling Telangana Rashtra Samithi and joined the Congress. In fact, Mr. Yadava Reddy met Congress president Rahul Gandhi and the meeting was widely reported in the media, the AAG cited.

“But the petitioner in his reply to the Chairman denied the reports and sought an opportunity to examine persons who filed those reports. Was he given the opportunity to explain his stand,” the ACJ sought to know. The Bench made it clear that Chairman being a quasi-judicial body was bound to give an opportunity to Mr. Yadava Reddy to explain his case before being disqualified.

The Bench said the Chairman might have had prima facie evidence against the MLC but should have given an opportunity to explain his version as per the principles of natural justice. It also observed conclusions cannot be drawn based on newspaper clippings or reports as their veracity needs to be ascertained.