HC Reserves Orders: Appointment of MLCs under Governor’s Quota

The Telangana High Court on Thursday reserved orders in the petitions filed by BRS leaders Dr Dasoju Sravan and Kurra Satyanarayana, who had challenged the decision of the Governor in rejecting their names for the MLC seats under Governor’s quota. They said that the Governor has no discretionary powers to reject their names which were recommended by the Council of Ministers. Senior counsel Mayur Reddy, representing Satyanarayana, argued that the recommendation or proposal made by the Council of Ministers would be binding on the Governor. 

Hence, the Governor’s



rejection became void. He said that the courts had already settled the question of Governor’s discretion in the Nabam Rebia case.

There is no yardstick or degree to mention the discretionary powers of a Governor. Hence, the Governor cannot act on his or her own discretionary authority, especially in exercising the powers under Article 171(5), Mayur Reddy argued. As all arguments have been completed from all sides, the division bench, comprising Chief Justice Alok Aradhe and Justice Jukanti Anil Kumar, reserved its orders.