TS govt withdraws case against Governor; case dismissed

Hyderabad: The Telangana government on Monday withdrew the lunch motion petition filed against the Governor. The case has been dismissed. On Monday, the Telangana High Court Division Bench comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji heard the lunch motion petition filed by the Telangana state government challenging the Telangana Governor’s attitude towards the state budget.

The Governor has not approved the state Budget in the Assembly and Legislative Council. The session is set to start on February 3.

Chief Justice Ujjal Bhuyan asked what order the High Court can pass against the Governor and inquired why the judiciary is being dragged into the issue as the Governor is amenable.

Dushyant Dave, Supreme Court senior counsel appearing on behalf of the Telangana government, submitted that everybody is bound by the Constitution. The Governor is the constitutional head of the state and her consent is required to pass the budget, Mr. Dave said.

The Governor cannot hold the budget proposal just for the sake of inadvertent issues, he added. Mr. Dave informed the court that a few precedents (judgments) clearly mention that the Governor cannot act beyond the Constitution.

Moreover, the Governor can act only on the advice of the Council of Ministers and the Chief Minister and not at the behest of the Governor’s own will, Mr. Dave submitted. Further, he said courts can intervene when there is a violation of the Constitution. Mr. Dave referred to a judgment given by the Supreme Court in 1974 and said Courts have the power to question the duties of the Governor under Articles 174 and 153.

Mr. Dave said it is not their intention to come to the court and file a petition against the Governor.