Roja suspension case - High Court gives stays on the interim orders

Tuesday, March 22, 2016

Hyderabad High Court
Hyderabad High Court

The Division Bench of Hyderabad High Court today has stayed the interim orders issued by the single bench judgment given on YSRCP MLA Roja by the Andhra Pradesh Assembly placing her under suspension for one year.

A Division Bench comprising of acting Chief Justice Dilip.B.Bhosale and Justice P. Naveen Rao dealing with a review petition filed by Government challenging the single bench judgement stayed the single bench orders. The court suggested Roja to approach the single judge bench and file counter.

It may be recalled that YSRCP MLA R.K.Roja approached the High Court in February challenging her suspension and when it was not being promptly numbered, she knocked the doors of Supreme Court that directed the High Court to hear it expeditiously. The single judge gave interim orders on Tuesday and stayed the operation of the suspension orders. The judge referred to Rules of Procedure and Conduct of Business Rules of Business in the AP Legislative Assembly. The motion was moved under Rule 340 and under the rule the suspension has to be limited to current session and not one year. P.P. Rao, senior counsel appeared for the respondents in the writ petition while Indira Jaisingh appeared for Roja. Rao told to the Bench that mere quoting of wrong provision of law does not make the order illegal. He told the court that due to oversight the wrong provision Rule 340 was quoted and added that the Assembly has the power to expel a member, suspend the member to maintain decorum in the House. Indira Jaisingh, senior advocate appearing for Roja said that there is blatant violation of law and the Constitution. She explained that the MLA expected that the committee and when this did not happen, she filed the case. The arguments that commenced at 11am went on till 4.30pm.

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