Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana

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Telangana High Court: In the present case, intra court appeals were filed against Single Judge’s common order dated 09-09-2024 passed in Padi Kaushik Reddy v. State of Telangana, Writ Petition No. 9472 of 2024, wherein the Secretary, Telangana Legislative Assembly, was directed to place the disqualification petitions before the Speaker, Telangana Legislative Assembly, for fixing a schedule of hearing these petitions. The Division Bench of Alok Aradhe, CJ., and J Sreenivas Rao, J., granted liberty to appellant to approach this Court in case any precipitative action was taken against appellant on or before 24-10-2024.

A batch of writ petitions were filed challenging the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions dated 18-03-2024, 01-07-2024, 02-07-2024 and 08-07-2024 seeking disqualification of Danam Nagender, Venkat Rao Tellam, and Kadiyam Srihari, Members of Legislative Assembly.

The Single Judge by the order dated 09-09-2024 disposed of the petitions with a direction to Secretary, Telangana Legislative Assembly, to forthwith place the disqualification petitions before the Speaker, Telangana Legislative Assembly, for fixing a schedule of hearing within a period of four weeks from that day. The Secretary was also directed that the schedule so fixed shall be communicated to the Registrar (Judicial), High Court for the State of Telangana.

The issue for consideration in the present appeals was “whether the High Court in exercise of powers of the judicial review could issue a direction to Speaker, Telangana Legislative Assembly to decide the disqualification petitions within a fixed timeframe?”.

The Court issued notice to respondents and granted liberty to appellant to approach this Court in case any precipitative action was taken against appellant on or before 24-10-2024.

The matter would next be listed on 24-10-2024 for final disposal.

[Telangana Legislative Assembly v. Alleti Maheshwar Reddy, W.A. No.1157 of 2024, decided on 03-10-2024]



Advocates who appeared in this case:

For the Petitioner: A. Sudarshan Reddy, Advocate General represents K. Pradeep Reddy, Counsel

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