Thread by @LiveLawIndia

Telangana MLC Nominations | #SupremeCourt modifies its interim order dated August 14, 2024 that stayed the judgement of the High Court quashing the recommendation and nomination of Konda Ram and Amer Ali.

The Court deleted the sentence ordering a stay on the impugned judgement.

In that order, the Court had also stated that the nomination of the members will be subject to the outcome of the present petition challenging the High Court judgement.

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The present petitions have been filed by BRS leaders Dasoji Sravan Kumar and Kurra Satyanarayana, who were recommended by the government in 2023 under the Governor's quota, but the recommendation was refused by the Governor.

Today, the Court was told that Konda Ram and Amer Ali (recommended by the present INC government) took oath as MLCs taking advantage of the stay on the High Court judgement

J Vikram Nath: We wanted that any fresh nomination would be subject to the outcome of the present petition

Attorney General for India R Venkatramani: the petitioners were not seeking enforcement of their recommendation but were challenging the rejection of the recommendation.

The High Court says that the subsequent nomination is bad in law for no reason.

AGI: They say that the Governor should act on the aid and advice of the Council of Ministers. Now the new government came and the Governor acted with the aid and advice. I accepted it. Now they have a problem.

The Court ultimately deleted the stay order and stated that

AGI: The new government came and made the recommendations. The Governor accepted the recommendations.

J Nath: Can you pick and choose?

AGI: There is no pick and choose.

AGI: They only sought declaration of the state of law. The High Court could have said that the Governor is bound by the aid and advice of the Council of Ministers. The high court need not have gone into the question of the subsequent recommendations.

AGI: Because they gave up the recommendations. Now where is the question of saying that in the future if some nomination is made that should be set aside?

AGI: I am not in favour of any particular candidate. But the nomination can be quashed only if there is something wrong with the nomination or the recommendation.

Counsel for the petitioners: and the Governor has taken the plea that I am not answerable to the High Court.

Bench: Very unfortunate.

AGI: nothing is unfortunate the governor has acted entirely on the Council of Ministers' advice.

J Nath: have understood your argument. We will hear you.

J Nath: But this is a mistake on our part while passing the interim order.
What I intended was that any fresh nomination the cabinet will make now that will be subject to the outcome of this petition. Not that the previous recommendations which were set aside will be....

Order: The interim order needs to be modified. The sentence "Till further orders, the impugned judgment of the High Court remain stayed" shall stand deleted.

It is further provided that any fresh nomination that may be made for filling of the two seats of MLCs henceforth shall remain subject to the final outcome of the petition.

Counsel: they have taken oath. Whether they can attend the assembly...

J Nath: any action taken subsequently to the interim order shall stand annulled.

Counsel: respondent no. 4 and 5 have been attending the Council.

J Nath: they will have to reroute their entry. Let it be recommended again.

Counsel: there cannot be a vacuum.

J Nath: there was a vacuum when the petitioners' names were rejected.

Counsel: He has been elected as an MLC now

Counsel: please say that they can be renominated.

J Nath: We can't say that. any fresh nomination can be made.

J Sandeep Mehta: they have no right. They did not challenge the High Court judgement. They just got the benefit because there was some mistake by the court.