Date:13/12/2003 URL: http://www.thehindu.com/2003/12/13/stories/2003121304570400.htm

Southern States - Andhra Pradesh

Hearing on plea against Assembly dissolution on January 5

By J. Venkatesan

New Delhi Dec. 12. The Supreme Court will hear on January 5 next a special leave petition (SLP) against a judgment of the Andhra Pradesh High Court dismissing in limine a writ petition challenging the premature dissolution of the House by the Chandrababu Naidu Government on November 14.

The SLP assailed the High Court order dated November 27 holding that it was not a case of judicial interference as it would not be open for the courts to substitute its opinion with that of the Governor exercising his discretion under Article 163 (Council of Ministers to aid and advice Governor) read with Article 174 (relating to sessions of the State Legislature, prorogation and dissolution).

The petitioner, R. Krishnaiah, President, Andhra Pradesh backward Classes Welfare Association, had questioned the legality of the Cabinet resolution recommending dissolution of the Assembly and had sought a consequential direction to the appropriate authorities to ensure that the term of the State Assembly rendered its full term up to September 2004.

The petitioner contended that the resolution of the Cabinet that the development of the State faced grave threat was hypothetical, invented for the purpose of impugned dissolution and was actuated by political malafides and was not supported by any material whatsoever.

He alleged that the Cabinet decision reflected an engineered attempt to win over the voting population in the proposed election so timed so as to keep the people in good humour. The petitioner said the SLP raised important questions of law, viz "what is the nature, ambit and amplitude of judicial review" in the teeth of the law laid down in S.R. Bommai's case, with reference to the dissolution of the Andhra Pradesh Assembly prematurely by Mr. Naidu, who was actuated by personal malafides, though holding legislative majority and mandate; whether the reasons stated in the Cabinet resolution were open to judicial review or not; whether the decision of the Governor in dissolving the State Assembly "has any protections or subject to judicial scrutiny".

The petitioner prayed for a direction to quash the High Court judgment and to grant the reliefs sought in the writ petition. As an interim prayer, he sought a direction to the Union government to exercise the power under Article 356 of the Constitution to impose President's rule in Andhra Pradesh and to direct the Election Commission of India not to take any further steps towards holding of general elections to Andhra Pradesh as a consequence of the dissolution of the House.