A Division Bench of the AP High Court on Tuesday directed the Union of India to take a decision regarding the plea to change the appointed day for formation of the new State of Telangana from June 2 to May 16.
The bench comprising Justice R.Subhash Reddy and Justice N.Satyanarayana Murthy was passing these orders on a writ petition filed by Jagdeesh Reddy, polit bureau member of Telangana Rashtra Samiti (TRS). K. Ramakrishna Reddy, senior counsel appearing for the petitioner, whose case was taken up as an urgent motion on Tuesday, explained the constitutional impasse which is likely to arise.
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He contended that the election results would be announced on May 16, but the new State will come into existence only on June 2 as per the notification issued by the Centre. There will be no popular governments till June 2, though the list of new legislators will be ready by May 16. The petitioner sought a direction to the Secretary, Ministry of Home Affairs, Government of India, “to take steps for change of the appointed day from June 2 to May 16, i.e. date of declaration of election results, including necessary steps for formation of popular governments in accordance with the constitutional provisions and constitution of new Legislative Assemblies as required under Section 15 of R.P. Act 1951, immediately after declaration of election results on 16.5.2014.”
‘Consideration needed’The bench heard Vishnuvardhan Reddy, Assistant Solicitor General, who said that the June 2 date was fixed after proper deliberations and the petitioner cannot ask for such relief in a writ petition. The bench made it clear that no order directing the Union of India to notify new date can be given. The bench felt that the issue needs consideration by the Government of India as issues of constitutional vacuum, etc., had been raised. The bench directed the Union of India to take a decision on the representation to be made by the petitioner expeditiously.
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