Azharuddin may have to quit Cabinet; fresh oath plan faces legal hurdles
April 30 deadline looms as court rulings restrict reappointment without election
Hyderabad: Md Azharuddin is set to quit the Telangana Cabinet if the Governor does not clear his appointment as a Member of the Legislative Council (MLC) by April 30. Moreover, legal experts indicate that any fresh oath after that date may not be valid.
Azharuddin took oath as a minister on October 31, 2025. Under Article 164(4) of the Constitution of India, he had to get elected as an MLA or MLC within six months. Therefore, the April 30 deadline marks the end of this constitutional window. If he fails to secure membership, he cannot continue in office.
Meanwhile, Chief Minister A. Revanth Reddy has urged Governor Shiv Pratap Shukla to clear Azharuddin’s nomination under the Governor’s quota. However, the file is still pending. Sources attribute the delay to legal complications and a pending matter before the Supreme Court of India. The court is expected to hear related issues this week.
Officials said the Chief Minister stressed the urgency of the matter. He pointed out that failure to secure membership by April 30 would automatically end Azharuddin’s tenure as minister.
Supreme Court rulings limit reappointment scope
Legal experts referred to the S.R. Chaudhuri vs State of Punjab (2001) ruling. The court treated the six-month period as a one-time concession. It held that a minister must secure election within this timeframe. Otherwise, the individual cannot continue in office.
Furthermore, the court ruled out repeated appointments without election. It stated that such actions would misuse constitutional provisions and undermine parliamentary democracy. It also clarified that even if a minister resigns before completing six months, reappointment without election is not permissible.
Therefore, any move to reinduct Azharuddin after April 30, without him becoming a legislator, may face legal challenges.
As the deadline approaches, the government is reviewing its options. However, if the nomination does not receive timely clearance, Azharuddin is likely to step down. Consequently, the Constitution leaves little room for immediate reappointment without fulfilling the membership requirement.