Hyderabad: The Hyderabad High Court on Friday opined that the Telangana Assembly would have been given an opportunity to the two Congress MLAs to offer their explanation before expelling them from the House.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice K Vijaya Lakshmi was hearing the maintainability of an appeal moved by 12 TRS MLAs challenging the order of the single judge in setting aside Assembly resolution passed expelling Congress MLAs Komatireddy Venkat Reddy and SA Sampath Kumar.
The ACJ said that when such a harsh punishment was imposed against both the members they would have been given opportunity to offer their explanation and if the House audiences their version there would be possibility of a change in the punishment imposed against them. The bench said that the courts will always give opportunity to parties while hearing the contempt cases and giving opportunity is nothing but to repent the parties of their wrong doings.
Mr. Vaidyanathan, a senior counsel arguing on behalf of appellants, submitted that the rights of the members have value only when they protect the decorum and values of the House. He told the court that the Speaker had certain special powers including the judicial powers and Speaker would not prefer appeals against the court orders and it is the Secretary to the Assembly makes appeal against the court order.
Making it clear that the issue of defection case against the appellant MLAs irrelevant here, the bench asked the counsel to argue on maintainability of the petition. While contending that the petition is not maintainable, the counsel said that the state government means including the Assembly. The bench adjourned the case to April 30.
