Only Legislature Can File Writ Appeal Against Single Bench Order Setting Aside Expulsion Of MLAs, Says HC [Read Judgment]

It is only the State Legislature which can prefer an appeal, if it is aggrieved by the order of the Learned Single Judge interdicting its decision to expel the respondent-writ petitioners as members of the House.Declining to entertain a writ appeal filed by 12 legislators against a single bench order that had set aside the resolution of the Telangana Legislative Assembly expelling two. Declining to entertain a writ appeal filed by 12 legislators against a single bench order that had set aside the resolution of the Telangana Legislative Assembly expelling two members, the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh observed that it is only the State Legislature which can prefer an appeal. The bench concluded: “It is only the State Legislature which can prefer an appeal, if it is aggrieved by the order of the Learned Single Judge interdicting its decision to expel the respondent-writ petitioners as members of the House. The possibility of the applicants-appellants being remotely or indirectly affected by the order under appeal, as they had voted in favour of the resolution passed by the House, would not justify an appeal being entertained at their behest.” The court further said in the absence of any power or privilege being conferred on an individual member of the House to have another member expelled from the House, the individual MLAs cannot claim to have the constitutional right under Article 194 to have another member of the Legislative Assembly expelled.