MLA Roja suspension stayed – Assembly to move to a Division Bench

Thursday, March 17, 2016

RK Roja
RK Roja

The Hyderabad High Court on Thursday stayed the operation of the suspension orders of YSRCP MLA R.K.Roja by the Andhra Pradesh State Assembly for one year.

Justice A. Ramalingeswara Rao heard the matter on Wednesday on the direction of the Supreme Court and made it clear that the stay order would not preclude the House from taking action based upon report of the Privileges Committee. In the 12-page interim order delivered at the opening hours referred to the Rules of Procedure and Conduct of Business rules in the Legislative Assembly that were updated in August 2014.

The MLA complained to the court that rules 208(1) and 340(2) had been violated and the suspension had to be limited to current session as per Rule 340 and not one year while the respondents took the stand that Articles 194, 208 and 212 of the Constitution covered the issue.

The judge referred to Apex Court cases and reminded that the motion was moved invoking rule 340 of Assembly rules.; He said ‘ Motion to suspend the member of the House beyond session while invoking 340 of rules in my opinion prima facie is a case of substantial illegality but not mere irregularity coming within the provision of Article 212’. The judge declared that this order ‘is not an endorsement of conduct of the petitioner on December 18 last year in the House and made it clear that it does not preclude the house from taking any appropriate action pursuant to the proceedings of Privilege Committee’, he said.

Assembly to move to High Court
Sources said that the Assembly secretary K.Satyanarayana Rao is expected to appeal to a Division Bench of the High Court to grant stay on the interim orders of a single judge. The Assembly decided to petition the court on the basis of Article 212 of the Constitution that says and prohibits courts from inquiring into the proceedings of the Legislature. The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.

Meanwhile Chief Minister Nara Chandrababu Naidu convened a strategy meeting with the senior Ministers including Yanamala Ramakrishnudu and Speaker Kodela Sivaprasada Rao separately. Leader of the Opposition YS Jagan Mohan Reddy refused to comment on the development saying that he was yet to see the copy of the interim order and could respond only after going through it through the order and obtaining legal opinion.

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