Hyderabad: The Telangana High Court issued notices to the Centre and the State on a public interest litigation challenging the MLC seat allocation under Section 23 of the Andhra Pradesh Reorganisation Act, 2014. The petitioner alleged that the provision altered the constitutionally mandated composition of the Telangana Legislative Council.
A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin heard the petition. Syed Iftequar Hussaini filed the PIL, and advocate Barkat Ali Khan argued the case. Thereafter, the Bench directed the respondents to file their replies. It posted the matter for hearing next week.
The petitioner contended that Section 23 misinterpreted Article 171(3) of the Constitution. According to the plea, the provision incorrectly calculated the distribution of Legislative Council seats. As a result, two seats shifted from the Governor’s nomination quota to the local authorities and MLAs categories.
MLC seat allocation challenged over Governor’s nomination quota
The petition argued that the change violated Articles 14, 171(3)(a) and 171(3)(d) of the Constitution. Further, it said the Constituent Assembly finalised the Legislative Council’s composition on June 2, 1949. However, Section 23 came into force on June 2, 2014. The petitioner claimed it disturbed the constitutional balance after 65 years.
In addition, the petitioner relied on Section 10 of the Representation of the People Act, 1950. The plea argued that Article 171(5) empowers the Governor to nominate persons with special knowledge or practical experience. Consequently, reducing the Governor’s quota by 25 per cent weakened the representation of experts in the Legislative Council.
The petition further alleged that Section 23 allotted 14 seats each to the local authorities and MLAs categories instead of 13. According to the petitioner, this allocation departed from the formula prescribed under Article 171(3). It also claimed the respondents applied the constitutional formula inconsistently. Therefore, the calculation became arbitrary and altered the Legislative Council’s composition. The High Court issued notices to the respondents and posted the matter for hearing next week.