Telangana High Court Directs State To Consider Candidature Of Md Ali Hyder As Shia Community's Representative In State Legislative Assembly

Telangana High Court has directed the State of Telangana, represented by its Principal Secretary Minority Welfare Department to consider the candidature of Mohammed Ali Hyder as the representative of the Shia Community in the State Legislative Assembly.

The order was passed by Justice Nagesh Bheemapaka, in a plea filed by the members of the National Shia Civil Council for Social Justice. They claimed that despite political leaders having made multiple promises, the Shia community lacked proper representation in government bodies.

It was stated that after due deliberation, the head of the community conducted voting among all other members who elected the said Hyder to become the first M.L.C. from the Shia community in Telangana.

Previously, the petitioners had approached the Court praying that the Telangana State Waqf Board be directed to consider their representation nomination of Mohammed Ali Hyder as their representative in the MLC. It was contended that the Waqf Board undertook to consider the representation, but no action was taken subsequently.

Thus, the Shia Civil Council addressed a letter to the governor as well as the Chief Minister of the State in February 2024, once again putting forward their request. It was stated that when the letters were not considered, they were compelled to approach this Court once again by way of the present Writ.

The Court relied on Rameshwar Prasad (VI) v. Union of India and S. Nalini v. Governor of T.N to reiterate that the Governor is protected under Article 361 of the Constitution of India and is not answerable to any Court with respect to the discharge of his/her duties.

However, considering that a letter was also addressed to the Chief Minister, the Bench has directed the State to consider the request of the petitioners.

“Hence, in view of the settled legal position, this Court cannot direct the 5th respondent – Personal Secretary to the Governor to consider the letter impugned. 6. However, as petitioners are also stated to have submitted the said letter to the Hon'ble Chief Minister, keeping in view the directions issued by this Court in earlier Writ Petition No. 7241 of 2023 and also percentage of population of Shia community, this Court deems it appropriate to direct the 2nd respondent to consider the letter dated 03.02.2024," the Court stated.

The writ was accordingly disposed of.

WP 4610 of 2024

Counsel for petitioners: Venkat Raghu Mannepalli

Counsel for respondents: A.Sudarshan Reddy, Senior advocate, and Advocate General, Gadi Praveen Kumar, Deputy Solicitor General, GP for Social Welfare, GP for Municipal Administration.

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