Hyderabad: Stop asking the speaker to decide the pending disqualification pleadings against Turncoat deputies without any delay, the High Court of Telangana On Monday, rather ordered the secretary of the Telangana assembly to place them in front of the president for having set a audience calendar within four weeks.
In an order which should increase the political temperature in the state, judge B Vijaysen Reddy also gave an ultimatum: “If nothing is heard in the four weeks, it is specified that the case will be reopened for Suo Motu and that appropriate orders will be adopted.”
The judge gave management while having petitions by Brs And Bjp Search for disqualification of three BRS deputies – Danam Nagender, Tellam Venkat Rao and Kadiyam Srihari – Who had gone to the congress after being elected on the BRS tickets in December of last year.
Explaining his intention by directing the secretary to the assembly instead of the president, the judge Vijaysen said: “With regard to the constitutional status and the dignity of the president’s office, this court judge appropriate to direct his secretary.”
Make an indirect reference to the absolute silence of the president’s office, he added: “The BRs deposited his petitions in April and the BJP in July. The cases were heard at length and the arguments concluded on August 10. However, there is no information so far as the status of disqualic petitions. In this file, this court supposed that the BRS and the BJP made special circumstances and BJP.
The calendar which will be provided by the secretary of the president should contain all the stages of the president’s court as soon as the pleadings are taken care of, the advocacy deposit, the documents, the personal hearing, etc., said judge Vijaysen Reddy. These different steps must all find a place in the hearing calendar and the same thing must be provided to the judicial registrar of the High Court within four weeks, added the judge.
Based on the January 2020 ordinance of a bench of three judges of the Supreme Court in the Keisham Meghachandre Singh case concerning the Assembly of Manipur who gave a deadline of four weeks to the speaker of the Manipur assembly to decide on the pleadings in the process of disinfilation, Judge Vijaysen Reddy described it as an authoritarian forecast on this subject.
The judge said: “Each constitutional authority is linked by the principles of democracy, constitutional ethics and philosophy. To argue that indecision / inaction will not be subject to a judicial examination, how long should we ask? It cannot be said that the speaker can wait five years, until the terms of the term of the mandate and the court should not be the judgment. The case of Kihoto Hollohan who said that the courts should not interfere at a pre-decision stage are interpreted in the manner which was requested by the State, then there can be a situation where the injured part would have no recourse if the speaker refuses to make a decision in disqualification petitions. “”
