The issue of eligibility of a candidate for nomination as MLC under the Governor’s quota was different from the rejection of such nomination, said senior counsel Aditya Sondhi on Wednesday.
He was presenting arguments before a bench of Telangana High Court Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti in a writ petition filed by BRS leader Dasoju Sravan Kumar, whose nomination as MLC under Governor’s quota was rejected by the Governor. The senior counsel contended that there was absolutely no power vested in the Governor to reject the nomination suggested by the Council of Ministers headed by the Chief Minister.
Citing judgements of different High Courts and the Supreme Court, the senior counsel said the Governor had no option but to give consent to the nomination or resolution passed by the Council of Ministers. At the most, the Governor can send back the nomination for ‘re-consideration’ of the Cabinet. But the Governor had no power to reject the nomination.
