Thursday, March 17, 2016
The arguments in the suspension of YSRCP Nagari MLA R.K.Roja was completed on Wednesday with the both the counsel of Roja, Indira Jaising and Additional Advocate General put forth their arguments.
The High Court took up the proceedings following directions from the Supreme Court of India to take up it on Wednesday.
Indira Jaising, counsel for R.K.Roja putting forth her arguments before Justie A.Ramalingeswara Rao said that her client was suspended under Rule 340 (2) and it will only apply for a session. She told the court that she is not questioning the authority or power of the Speaker but she only raised the objection whether it is properly used or not. When Rule 340(2) clearly states that suspension of a member from the House will be applicable for only a session and the decision of the Speaker is violating of the principles of natural justice and the Supreme Court clearly stated that judiciary can intervene in such cases. She said that Legislative Affairs Minister Yanamala Ramakrishnudu who proposed the suspension knows pretty well about the rules as he earlier worked as Speaker. The motion moved by him is not in accordance with Rule 340(2) and the Speaker should have rejected it, she said. The Speaker even did not gave an opportunity to her client to offer an explanation, she added. The counsel for the petitioner said that her client was not placed under suspension under Rule 194 (3) and in the event of so, she should have filed an another petition. She also brought to the notice of the court that the Assembly has wide powers but should be within the frame work of laid down rules. If supports, there is very chance of suspending the entire Opposition and can run the Assembly, she brought to the notice of the Honorable Court.
Additional Advocate General (AAG) Dammalapati Srinivas putting forth his arguments said that the Speaker has taken the decision under the Rule 194(3). The decision of suspending her is not the decision of the Speaker alone but of the entire Assembly. He said that Rule 208 says about the rules and regulations while Rule 194 says about the powers of the Speaker. At this juncture, Justice questioned the AAG why the Speaker has taken the decision to suspend her under Rule 340(2) for which the AAG referred the Apex Court recent judgements.
Not agreeing with the arguments of the AAG, Justice Ramalingeswara Rao posted the case to today for judgment.