Justice B. Siva Sankara Rao of the Hyderabad High Court on Tuesday set aside the resolution of the Telangana Legislative Assembly expelling two Congress MLAs — Komatireddy Venkat Reddy and A.S. Sampath Kumar.
Allowing the writ petition filed by the two MLAs over their expulsion nearly a month ago, the judge has also set aside Telangana Legislature’s notification declaring their Assembly constituencies vacant. The order said it automatically revives and restores membership of the two petitioners in the Legislative Assembly.
They duo will continue to be MLAs for the remaining tenure of the Assembly.
However, the judge said the order no way bars, if at all, any criminal action to be initiated against the two legislators. Quoting extensively from the Supreme Court’s previous verdicts, the judge in his 172- page judgment observed that the due process of law was not followed and an opportunity of hearing was not given to the petitioners before their expulsion.
‘Violation of rights’
Not explaining the reasons for expulsion and not presenting material facts and proofs of the unruly behaviour in Assembly or video footage of the Assembly proceedings was clear violation of fundamental rights, he observed. Citing Supreme Court verdict in the Alagapuram R Mohanraj case, the judge said that judicial review of decisions of legislative bodies, in violation of Article 14 of the Constitution, can be undertaken.
Decisions taken without supplying relevant material amounts to violation of principles of natural justice, he said in the order.
