Plea in Supreme Court against Telangana Governor's refusal to appoint two BRS leaders as MLCs

The Supreme Court on Wednesday issued notice to the Telangana government and the Governor on a petition challenging the Telangana Governor's refusal to nominate the Bharat Rashtra Samithi (BRS) leaders Dr Dasoju Sravan Kumar and Kurra Satyanarayana as members of the State Legislative Council (MLC)[Dr DS Kumar v. Secretary, Governor of Telangana]..Though the Telangana High Court had in March this year quashed the Governor's orders on rejection of the nominations made by the State Council of Ministers in 2023, it had refused to issue any positive direction to the Governor for the appointment of Kumar and Satyanarayana as MLCs.Pertinently, the High Court in the same judgment also had quashed the recommendations made by the Congress government in January this year for appointment of M Kodandaram and Amer Ali Khan as MLCs. The High Court's decision to not issue a direction to the Governor for their appointment was challenged by Kumar and Satyanarayana before the top court..The bench of Justice Vikram Nath and Justice PB Varale today stayed the High Court judgment. It further sought the response of Telangana government, the Governor's Secretary and others on the BRS leaders' petition."Issue notice. Any appointment made would be a subject matter of this plea," the Court said..Senior Advocate Kapil Sibal represented the petitioners and argued that they were entitled to a mandamus against the Governor's refusal to appoint them to the Legislative Council."They will appoint someone else. I have to be appointed. They will appoint new persons. The High Court has quashed even a subsequent decision of January 27 where two people nomination by Congress Government was rejected," Sibal submitted. .The High Court in the March 7 ruling had said that it was not open for the Governor to reject the nominations of the BRS leaders and rather the Governor could have remitted the matter to the Cabinet either for furnishing requisite documents or for re-consideration.While setting aside the Governor's orders and subsequent recommendations of the Congress government, the Court, however, had said,"The Governor is not answerable to the Court in view of Article 361 of the Constitution of India. No positive direction can be issued to the Governor. However, in the facts and circumstances of these cases, this Court hopes and trusts that suitable action in accordance with the provisions of the Constitution shall be taken."