Act Soon on Plea to Advance Appointed Day: HC to Centre

A vacation bench of the AP High Court on Tuesday directed the Central government to take an early decision on the plea to change the Appointed Day from June 2 to May 16. On the Appointed Day, both Telangana and residuary state of Andhra Pradesh will come into existence.

The bench comprising justice R Subhash Reddy and justice M Satyanarayana Murthy was passing these orders in a writ petition by G Jagadeesh Reddy, TRS politburo member and official spokesperson, who challenged the Centre’s notification in fixing the appointed day as June 2. The bench has taken up the case as an urgent motion on Tuesday.

Senior counsel K Ramakrishna Reddy, appearing for the petitioner, explained the Constitutional impasse which would likely to arise after declaration of election results on May 16. He contended that the impugned notification would cause impediment for formation of popular governments consequent to the declaration of election results to the state legislatures.

He said that the appointed day was earlier fixed keeping in view of the expiry of five year term of the then existing state Assembly on June 2. However, constitutional events such as issue of election notification for general elections to the new state legislative assemblies took place after issue of the impugned notification.

Besides, President’s Rule was imposed in the state when no political party has come forward to form the government. The senior counsel urged the court to direct the Centre to take necessary steps in accordance with the Constitutional provisions for formation of popular government after declaration of election results, by refixing the appointed day as May 16.

Assistant solicitor general P Vishnuvardhan Reddy said that the Centre has fixed June 2 as the appointed day after having proper deliberations, and the petitioner cannot ask for such relief at this stage.

The bench made it clear that no order directing the Union of India to notify a new date can be given. It, however, felt that the issue needs consideration by the Centre as issues of Constitutional vacuum have been raised.


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