Roja, the MLA from Nagari in Chittoor district, was suspended for a year during the winter session of the AP Assembly in December last year for allegedly using unparliamentary and abusive language against certain members of the ruling Telugu Desam, including Chief Minister N Chandrababu Naidu.
The aggrieved opposition member filed a writ petition in the High Court of Judicature at Hyderabad for the states of Andhra Pradesh and Telangana, challenging the House's decision against her. Judge A Ramalingeswara Rao prima facie found that the Speaker did not name Roja before moving the motion for suspending her.
"Under Rule 340 (2), the Speaker can suspend any member who has been persistently obstructing the proceedings of the House and who had been violating the rules of the business for the remainder period of the session. In this case no such procedure has been adopted and the rule quoted for her suspension does not apply to the case of Mrs Roja," the judge observed.
He posted the writ petition for final consideration four weeks later. Meanwhile, the government has decided to challenge the single judge's order before a division bench of the High Court of Judicature at Hyderabad.
"Under Article 212 of the Constitution, the court cannot overrule a decision of the House. Nor can the House be held in contempt. We will not implement the single judge's order and go on appeal against it," a minister said.
The single judge's order is yet to be delivered to the Speaker formally.
Roja's lawyer told reporters outside the High Court that it is an interim order and this (order) will be immediately informed to the Legislative Assembly to enable the MLA to attend the session.