CM floor test does not arise, says Governor

By S A Ishaqui
Hyderabad,Nov. 4: The Governor on Tuesday told the AP High Court that the Chief Minster, Mr K. Rosaiah, taking a floor test does not arise as no legislator or group of legislators has claimed majority support in the Assembly
Mr P. Ramaknath Reddy, the chief secretary, filed a counter on behalf of the Governor stating that he was authorised by the Governor to bring those facts before the High Court.
The counter affidavit was filed pursuant to a direction of the court on a interim petition filed by Bezavada Govinda Reddy seeking an order to implead the Governor as a respondent in a writ of quo warranto filed against the appointment of Mr K Rosaiah as Chief Minister.
The Governor submitted that he had appointed Mr K. Rosaiah in exercise of his discretion under Article 164 (1) of the Constitution after taking into account the circumstances existing at the time of appointment.
According to the affidavit, the Governor has not so far fixed any time limit for holding the floor test in the Legislative Assembly to establish the confidence of the House in Mr Rosaiah.
The counter affidavit said that the contention of the petitioner that the Governor appointed Mr Rosaiah as Chief Minister at the instance of third party without using his personal discretion was not correct.
The Governor contended that the impleading petition was not maintainable in view of the bar under Article 361 of the Constitution.