The Telangana High Court has refused to intervene in the appointment of M Kodandaram and Mohammed Azharuddin as Members of the Legislative Council (MLCs) under the Governor's quota, noting that the matter is already pending before the Supreme Court of India. Justice Nagesh Bheemapaka made the observation while hearing a petition filed by Syed Hyder Raza Naqvi of Hyderabad, who challenged a government order dated April 26 that nominated the two individuals as MLCs.
Petitioner's Arguments
During the hearing, the counsel representing the petitioner argued that the government order (GO) lacks clarity regarding the pending Special Leave Petition (SLP) before the Supreme Court concerning appointments of MLCs under the Governor's quota. The counsel contended that the GO was issued deliberately despite the matter already being under adjudication by the apex court. This, according to the petitioner, undermines the legal process and raises questions about the validity of the nominations.
Court's Response
Justice Bheemapaka questioned the petitioner's counsel on how a fresh petition could be filed before the High Court when the same issue was already pending before the Supreme Court. The judge emphasized that once a matter is seized by the apex court, the High Court is not in a position to adjudicate on the same issue again. Consequently, the court refused to entertain the petition, directing the petitioner to pursue the matter before the Supreme Court where the SLP is already listed.
Background
The appointments of Kodandaram, a former Osmania University professor and political activist, and Azharuddin, a former Indian cricket captain and politician, have been controversial. The Governor's quota for MLC nominations has often been a subject of legal scrutiny, with various petitions challenging the process. The Supreme Court is currently examining the broader legal framework governing such appointments, and the High Court's decision aligns with the principle of judicial hierarchy.
This development leaves the fate of the two MLCs in the hands of the Supreme Court, which will determine the validity of their nominations. Meanwhile, the petitioner retains the option to seek relief from the apex court, where the SLP is pending.
