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.
In the case of Mr. Sravan Kumar, there was an element of expressive rejection by the Governor. Since a prejudice was caused to the petitioner, he would have the right to knock on the doors of the court. The cause of action arose in the matter due to the rejection of the nomination, he said. When the CJ pointed out the contention of the government that the petitioner had no legally enforceable right just because he was nominated by the Cabinet, the senior counsel said the ‘stigmatic rejection’ gave the right to the petitioner to challenge the Governor’s decision.
The issue of eligibility did not arise in the matter. Even the question of suitability of a candidate was not raised by the respondents in the case. The senior counsel vehemently opposed the contention that rejection of the nomination constitutes a re-consideration of the matter.
According to the senior counsel, the Governor had rejected the nomination of Mr. Sravan Kumar in the backdrop of his being a politician and belonging to a political party. While rejecting Mr. Sravan’s nomination since he was a politician, the Governor accepted the nomination of M. Kodandaram as MLC who was heading a political party called Telangana Jana Samithi, the senior counsel said concluding his arguments.
The matter would be heard again on Thursday.
