In a big relief to the two Telangana Congress MLAs – Komatireddy Venkat Reddy from Nalgonda and S A Sampath Kumar from Alampur, the Hyderabad high court on Tuesday restored their assembly membership which was terminated by assembly speaker on the charges of their alleged rude behaviour.
The high court struck down the gazette notification issued by the Telangana government notifying the vacancies of the two seats and the official note sent to the Election Commission of India asking for the conduct of by-elections to Nalgonda and Alampur assembly seats.
The court said Komatireddy and Sampath would continue as MLAs for the rest of their term, as their expulsion from the House was illegal.
The government or the Speaker’s office could not produce any evidences to prove that the MLAs had resorted to such a highly unruly behaviour that merited their disqualification.
On March 13, Speaker S Madhusudhana Chary expelled the two MLAs for the rest of the term of the assembly and suspended 11 other MLAs for their alleged unruly behaviour against Governor E S L Narasimhan the previous day, when he was addressing the joint session of the assembly and council.
The Telangana Rashtra Samithi members produced a video clipping in which Komatireddy was seen throwing headphones at the Governor when he was addressing the joint session Monday.
The TRS members alleged that the headphone hit the right eye of Legislative Council Speaker K Swamy Goud resulting in injury.
The Congress members, however, rejected the theory that Goud was hurt with the headphone hitting his eye.
“The TRS members are producing only one-side visuals of Komatireddy throwing the headphone. There are no visuals as to where the headphone has fallen. Though there were at least two cameras focussing only on the podium, the TRS members have not produced any evidence to show that the headphone had indeed hit Swamy Goud’s eye,” they argued.
With advocate general Prakash Reddy resigning from his post, the government engaged senior lawyer from Delhi to argue the case. But it could not prove the charges against Komatireddy and Sampath Kumar.