Hyderabad: The Hyderabad High Court will deliver its order on Tuesday on the appeal moved by the AP government challenging the order passed by a single judge staying the suspension of YSR Congress MLA R.K. Roja from attending Assembly sessions for one year.
A division Bench comprising acting Chief Justice Dilip B. Bhosale and Justice P. Naveen Rao heard the arguments of Supreme Court senior counsel P. P. Rao on behalf of the AP government and Supreme Court senior counsel Indira Jaising for Ms Roja.
Mr Rao argued that courts could not have judicial review on an order passed by the legislature.
When Justice Bhosale and Ms Jaising asked how the government could move an appeal when the suspension order was made by the legislature, Mr Rao replied that the minister for legislative affairs had move the motion for suspension of the respondent MLA in the House and the ministry, represented by its secretary, had the right to move the appeal.
Admitting that quoting Rule 340 of the AP Legislative Assembly while moving the motion in the House to suspend the respondent MLA was wrong, he said that under Article 194(3) of the Constitution the legislature had the power to rectify that wrong.
He argued that the Rule, which was wrongly quoted, should not be taken into consideration and the court should see whether the House had the power to take such action or not.
He added that if the member had apologised for abusing the leader of the House that day, this situation would not have been arose.
When Justice Bhosale asked Ms Jaising whether Ms Roja was prepared to tender an apology to the House, she replied that at this stage the government was viewing the issue as a battle between the legislature and the judiciary.
Brushing aside the objection of Ms Jaising that the House had not given a chance to Ms Roja of being heard before passing the motion, Mr Rao said that the House may proceed at once as it was a case involving the dignity of the House and that of using abusive language, but not obstruction of proceedings.
Ms Jaising refuted the contentions of Mr Rao and argued that a mistake committed by the House could not be rectified by the courts and said that the House had not complied with principles of natural justice. while suspending the member.
Though 66 MLAs of YSR Congress had gathered at the Speaker’s podium to protest on December 18, 2015, the House had suspended only Ms Roja, which exhibited the vindictive nature and ego of the ruling party, she said.
When the Bench pointed out that the single judge had not given any order directing the respondents to allow the member to participate in the Assembly sessions, Ms Jaisingh replied that the single judge had observed that the member had the right to participate in the sessions.
While reserving its orders for Tuesday, the Bench made it clear it was not going into the details and merits of the appeal at this stage and would only confine to the interim prayer of the appellant.
