Cabinet Decision is Final: High Court
Hyderabad,13 Oct: The High Court of Telangana and Andhra Pradesh set aside the PILS challenging the dissolution of Telangana Assembly on Friday. The two member’s bench headed by Chief Justice T B Radha Krishnan, Justice S V Bhatt delivered a judgement on the PILS of challenging the dissolution.
According to Article 174(2)(b) of constitution the governor empowered the right to dissolve the Assembly, basing on the decision of cabinet. The high court in its judgment clarified that according to the Article 163(1) there is no need to the governor to ascertain the opinions of the members in the Assembly on dissolution.
Governor has no option to accept the decision of the cabinet and no need to utilize the discretionary powers. Though governor is having discretionary powers, he may use whenever it is necessary and required. The high court set aside the PILS filed by P Shashank Reddy, R Abhilash Reddy on the right of vote of 20 lakhs youth and the former minister D K Aruna’s PIL on dissolution of the Assembly. The high court in its judgement said that the dissolution of Telangana Assembly is in the purview of constitution. The high court is confined its previous judgement that the governor utilize his discretionary powers, if any extraordinary circumstances prevailed in the state.