In an appeal preferred to the Apex Court by disqualified Telangana MLC R Bhupathi Reddy questioning the decision of the legislative council chairman to disqualify him under the 10th Schedule, the Court today (January 7, 2020) rejected it by saying that this isn’t a fit case to interfere.
Earlier, the Telangana High Court had dismissed a petition filed by disqualified MLC R. Bhupathi Reddy of Nizamabad, who had filed for cancellation of his disqualification order issued by the Chairman of the Telangana Legislative Council.
A division bench comprising of Chief Justice Raghavendra Singh Chauhan and Justice Shameem Akhter pronounced the judgment saying that, “We do not find any illegality in the order of the Chairman.”
The bench chose not to interfere with Para 8 of the 10th Schedule of the Constitution. It speaks about the power of the Council Chairman to disqualify a member. Rule 7(4) of the Members of the Council which speaks about Disqualification on Grounds of Defection, was also challenged by the petitioner.
Mr Reddy stated earlier that the rule does not lay down any criteria for the type of disqualification petitions that are to be directly dealt with by the Chairman under the power conferred under Para 6 of the 10th Schedule.
Further, the bench clarified that Para 8 of the 10th Schedule and Rule 7(4) of the Members of TSLC are constitutionally valid.
Author: Swetalana Rout