By S A Ishaqui
Hyderabad,Nov. 11: The AP High Court on Wednesday commenced hearing on a writ of quo warranto filed against the appointment of Mr K. Rosaiah as Chief Minister.
During the hearing, a division bench comprising Chief Justice Anil R. Dave and Justice C.V. Nagarjuna Reddy will decide whether or not the writ can be admitted for final adjudication. The bench also will deal with a question of whether or not the Governor can be made party in such a writ.
Senior counsel, Mr S. Ramachandra Rao, contended on behalf of the petitioner, Mr Bezwada Gopal Reddy, that the government was not a competent authority to defend Mr Rosaiah, it is for the Chief Minister to explain his stand in a writ of quo warranto.
Mr Rao found fault with the counter affidavit filed by the chief secretary, saying that the officer cannot speak for the Governor with particular reference to how the the Governor chose Mr Rosaiah as Chief Minister since it was a personal decision.
“It is the Governor who alone can explain,” he said.
He stated that the Chief Secretary cannot do it and he can not depose
for such personal- knowledge for the Governor.
He contended that when the Chief Minister himself is saying that he
was appointed by the Congress high command , it was Governor alone
who can admit or deny it , but not the Chief Secretary.
Mr Rao argued that it was for the respondents to explain why Congress
Legislature Party meeting was not being held, even though more than
two months have passed after demise of Dr Y S Rajasekhar Reddy.
He contended that it was for Mr Rosaiah to show under what authority
he holds the office, even though he admittedly does not have
Legislative approval.
The bench will continue its hearing on Thursday after lunch session
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