By S A Ishaqui
Hyderabad, April 8: A division bench of the AP High Court on Tuesday dismissed two writ petitions filed by Mr S Raju, resident of Bank Street, Hyderabad, to declare as illegal the resignations of the Telangana Rashtra Samiti (TRS) MLAs, MPs and MLCs and their acceptance by the Speakers of the Lok Sabha and the State Assembly.
While dismissing the petitions, a division bench comprising Chief Justice A.R. Dave and Justice R. Subhash Reddy observed that the legislative has a separate entity and has the power to decide whether the resignations have to be accepted or not. The bench further observed that the courts cannot interfere in the prerogative jurisdiction of the legislative.
The bench said the petitions were themselves infructuous as the resignations were already accepted by the Speakers. Mr P.V. Krishnaiah, counsel for the petitioner, argued that accepting the resignations of the TRS members was contrary to the provision of Article 101(3)(B) of the Constitution, apart from being against public interest, incurring huge expenditure for the government exchequer without any valid reason or purpose. He submitted that as per the Article 190(3)(b), it is obligatory on the Speaker’s part to seek information and conduct an enquiry to know whether the members had resigned voluntarily.
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