Telangana High Court Orders Status Quo In Matter Concerning Governor's Rejection Of Cabinet Recommendations For MLC Posts

The Telangana High Court has ordered status quo in the matter regarding Governor's rejection of cabinet recommendations for MLC posts.

In December, the Governor rejected the recommendations of the Cabinet Minister to fill up the post of MLC under the governor's quota. After hearing the matter, the Court directed the parties to come up with a gentleman's agreement and not pass any adverse orders.

Since the last date of the hearing, the recommendations of the petitioners were rescinded and the Governor issued another notification nominating alternative individuals.

The petitioners had filed interlocutory applications praying to suspend the notification and also implead the subsequent nominees.

The Senior counsels appearing on behalf of the petitioners contended that despite the orders of the Court to maintain the status quo based on a 'gentleman's agreement' and despite the Governor issuing a press note undertaking not to appoint new candidates, she (The Governor) has nominated new candidates to fill up the post as MLC.

The Advocate General and Senior Counsel on the other hand contended that the gentleman's agreement was only in force till the last date of hearing, and the petitioners failed to seek extension of the orders on the last date of hearing.

Further, the General stated that recommendations had been rescinded and there was no surviving cause of action.

The Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti verbally noted.

"The recommendations have been pulled back, but that at the time of filing of the suit the recommendations were in place and with the agreement of both parties the matter was fixed to be heard on 8th February."

Accordingly, it directed that there be a status quo on the notification issued by the Governor and allowed the application to array the newly nominated candidates as parties.

The matter is to be heard on 8th February.

WP180 of 2024 and 181 of 2024

Counsel for petitioners: Senior Counsel Mayur Reddy, Senior Counsel Aditya Sondhi assisted by Md. Nazeeruddin Khan and V. Murli Manohar

Counsel for respondents: Advocate General