Marri seeks Talasani's dismissal as Minister Hyderabad, June 29 (INN): Congress senior leader and former minister Marri Sashidhar Reddy on Monday demanded the dismissal of Talasani Srinivas Yadav as the minister from State Cabinet.
Speaking to media persons here, Marri said that the Constitutional Bench of Supreme Court, in its judgment delivered on 14-2-2007 in the Rajendra Singh Rana Vs Swami Prasad Maurya case, observed that the indecision by the Speaker on the applications seeking disqualification cannot be merely in the realm of procedure. He said that the judgment and observations of the Constitutional Bench will be binding on all the courts.
"Srinivas Yadav is guilty of defection under the provisions in Paragraph 2 (1) of the Tenth Schedule. He will stand disqualified from 29-10-2014, when he was admitted to the TRS - whereby he has voluntarily given up his membership of TDP. His continuance as MLA even for a day is illegal and unconstitutional - so also holding office as Minister since 16-12-2014 is illegal - at least after the expiry of six months from the date of taking charge, one 15-6-2015," he said.
Marri claimed that Governor ESL Narasimhan had advised Chief Minister K Chandrasekhar Rao to make Talasani resign as MLA before swearing in. However, he was let down by the Chief Minister as the resignation was not yet accepted and the Governor was unable to ensure compliance with constitutional requirements. "Having been let down by the Chief Minister, the Governor finds himself in an unenviable situation - of not being in a position to faithfully discharge his duties - to defend, preserve and protect the Constitution of law. It was an error and Governor should have insisted on resignation being accepted," he said.
"The Governor must dismiss him as minister with immediate effect - direct state government to withdraw all benefits to him as a Minister and also recover salary paid to him as between 30-10-2014 to 15-12-2014," he demanded. He said lessons need to be learnt by Governors in India and from now on, they must insist on resignation being accepted - not merely submitted - before such defected MLAs are made ministers. "Defection of MLAs of different parties to TRS is unethical, illegal, undemocratic and unconstitutional," he said.
News Posted: 29 June, 2015
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