The Hyderabad High Court on Friday directed the Telangana government to file a counter-affidavit on the Cabinet recommendation of dissolution of the Assembly, citing extraordinary circumstances. The direction came on a writ petition seeking judicial review of the the circumstances.
A division bench comprising Chief Justice Thottathil B. Radhakrishnan and Justice S.V. Bhat gave the direction after hearing Supreme Court senior counsel P. Nirup Reddy in the petition relating to early elections in Telangana.
The petitioners sought a review of the dissolution of the Assembly nine months ahead of completion of its term as this decision had compelled the ECI to hold early elections and fix January 1, 2018 as qualifying date instead of January 1, 2019. This had led to their disenfranchisement, they submitted.
Senior counsel contended that exercising power under Article 174 of the Constitution to dissolve the Assembly without seeking opinion and advice of the House (without any emergent, extraordinary or special circumstances) was against constitutional morality and bad in law. Mr. Reddy argued that the ECI could recommend to the Centre imposition of President’s Rule under Article 356 of the Constitution to ensure ‘free and fair’ polls.
The bench posted the petition to Monday for further hearing, directing Telangana Additional Advocate-General J. Ramchander Rao to file counter-affidavit on the matter.