Governor MLC seats: Telangana HC issues notices over constitutional challenge
Hyderabad: Telangana High Court on Monday issued notices to the Centre and the State government on a Public Interest Litigation challenging the constitutional validity of Section 23 of the Andhra Pradesh Reorganisation Act, 2014. The petition alleged that the provision wrongly reduced the Governor MLC seats by shifting two seats to the Local Authorities and MLA quotas, altering the constitutional composition of the Legislative Council.
A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice G. M. Mohiuddin heard the PIL filed by Syed Iftequar Hussaini and argued by Advocate Barkat Ali Khan. After hearing the submissions, the Bench directed notices to the respondents and posted the matter for hearing next week.
The petitioner argued that Section 23 misinterpreted Article 171(3) of the Constitution while determining the composition of the Legislative Council. According to the PIL, the incorrect calculation transferred two seats from the Governor’s nomination quota to the Local Authorities and MLA categories. As a result, it allegedly disturbed the constitutional balance intended under Article 171.
The petition further claimed that the change violated Articles 14, 171(3)(a) and 171(3)(d) of the Constitution. It stated that the Constituent Assembly debated the composition of Legislative Councils extensively before approving the present formula on June 2, 1949. However, the petitioner argued that Section 23, which came into force on June 2, 2014, disrupted that constitutional balance after 65 years.
Petition questions Governor MLC seats calculation
The petitioner also referred to Section 10 of the Representation of the People Act, 1950, and argued that Article 171(5) empowers the Governor to nominate persons with special knowledge or practical experience. According to the PIL, reducing the Governor MLC seats by 25% weakened the representation of experts in the Legislative Council and undermined the constitutional scheme.
The petition further contended that Section 23 allotted 14 seats each to the Local Authorities and MLA categories instead of 13 seats each, contrary to the formula prescribed under Article 171(3). It argued that Article 171(3)(a) to (e) clearly fixed the proportions for different categories of members, with the remaining members to be nominated by the Governor. The petitioner alleged that the respondents adopted an inconsistent and selective method while applying the constitutional formula, resulting in an arbitrary calculation.
After considering the submissions, the Division Bench issued notices to the respondents and scheduled the matter for further hearing next week.
