Telangana High Court has adjudicated the two writ petitions challenging the Governor’s rejection of the nomination of Dasoju Sravan Kumar and Kurra Satyanarayana as MLCs on seven issues. However, the core point involved in the two pleas was the scope and power of the Governor under Article 171 (5) of the Constitution to make nominations for the Legislative Council of State of Telangana.
Noting that the first issue was the scope and ambit of immunity granted to the Governor under Article 361 of the Constitution and its impact on the maintainability of the two pleas, the HC observed: “there is no express or implicit bar in the Constitution which excludes the power of judicial review in respect of an action taken by the Governor”. Citing judgements of the Supreme Court and different HCs, the bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti said the immunity granted to the Governor under Article 361 was personal in nature. Hence, the two writ petitions were maintainable, the bench said.
Referring to the nature and scope of power under Article 171 (5) of the Constitution, the bench held that the Governor “is not under an obligation in all circumstances, to accept the recommendation made by the Council of Ministers, but is entitled to examine whether the person in whose favour a recommendation has been made for nomination as MLC is ineligible or suffers from any disqualification under Article 191 of the Constitution or under the Representation of People Act-1951. The Governor can also request the Council of Ministers to re-examine the recommendation made by it. The Governor can undoubtedly return the recommendation for re-consideration to the Council of Ministers.”
