By S A Ishaqui
Hyderabad, Nov 2:A division bench comprising acting Chief Justice Ghulam Mohammed and Justice Nooty Ramamohana Rao of the AP High Court on Wednesday adjourned the hearing on a petition for issuance of a Writ of Quo Warranto against Mr N. Kiran Kumar Reddy to show under what constitutional authority he holds the office of the Chief Minister, to next Wednesday.
The petitioner, Mudhole MLA S. Venugopala Chary had on Tuesday filed the plea, saying that Mr Kiran Kumar Reddy and his government lacked majority support in the Legislative Assembly. Mr. S. Ramachandra Rao, senior counsel arguing for the petitioner, citing the Apex Court directions in Ms Jayalalithaa’s case, contended that writ of quo warranto is maintainable against the Chief Minister.
He argued that the Union of India has a duty under Article 355 of the Constitution to ensure that the government of every state is carried on in accordance with the Constitution. “Despite the said constitutional mandate, the Union of India failed to act to ascertain or rebut the question whether Mr. Kiran Kumar Reddy's government has necessary legislative confidence or not,” he wondered.
Terming the Chief Minister as usurper, the senior counsel contended that the advocate- general had no right to defend the Mr Kiran Kumar Reddy in this case. The CM has to defend his case on his own or through a counsel, the petitioner said. Justice Ramamohana Rao pointed out that if the Chief Minister filed an affidavit before the court by claiming that he had a support of 148 MLA's to run the government, what would be next?
The counsel replied that the affidavit was not enough to close the case; the court can direct the Chief Minister to prove his majority on the floor of Assembly.
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