Urges him to not take note of CM’s instruction to move SC

Deputy Chief Minister C. Damodar Rajanarasimha has asked the Chief Secretary P.K. Mohanty not to take note of any “irregular and unlawful” instructions issued by Chief Minister N. Kiran Kumar Reddy for moving the Supreme Court against bifurcation of the State.

Quoting reports of the Chief Minister’s intentions to approach the Apex Court, Mr. Rajanarasimha said any application on behalf of the State, particularly those raising concerns and disputes on a Centre-State issue, should be properly authorised in accordance with the Constitution.

No such decision to move the Supreme Court had been made by the Council of Ministers and the Chief Secretary should not take note of any “unlawful” instructions issued by any individual Minister even if it was the Chief Minister himself.

“The Chief Minister does not personally equate to the State government and no unilateral actions or decisions can be made by the CM on behalf of the State government,” he said in a letter addressed to Dr. Mohanty with “abundant caution”.

He quoted reports claiming that the petition was being moved on behalf of the Chief Secretary representing the State government and requested Dr. Mohanty to act with his usual discretion and desist from being party to any illegal action being done by the Chief Minister.

Apprehending that the CM was trying to take up the issue as a Centre-State dispute, he said such an action could be taken only by the Council of Ministers as provided in the Constitution. Moreover, the issue relating to bifurcation of the State was completely the Centre’s prerogative and preserve and the State government had no role whatsoever in such matters.

Quoting Article 3, he said there was no possibility of any dispute arising between the State and the Centre and any effort to move the Supreme Court would be tantamount to “constitutional irresponsibility”.

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