India
Besides the arguments placed by the petitioners, the Telangana High Court decided that the governor’s action was not unconstitutional. The court noticed that the elected government had an absolute majority in the state Assembly and that the recommendations made were accepted by the governor.
Hyderabad: The request questioning the dissolution of the Telangana Assembly nine months before the completion of its term was dismissed on Friday by the Hyderabad High Court.
The appellants needed the court to declare the cessation as unconstitutional. They stated that the dissolution of the assembly on the state cabinet’s advice, by the governor was without discovering or identifying what the views of the members from the House were.
Chief Justice Thottathil B Radhakrishnan and Justice SV Bhatt, who constituted the division bench, noted that there exists no merit in the disagreement made by the petitioners.
Regarding the cessation of the Assembly, the bench stressed on the fact that it was out of place for the court to intervene with the democratic process as the election schedule was already announced by the Election Commission.
The dissolution of the Assembly was recommended by the Telangana Rashtra Samithi (TRS) government and was accepted by the governor ESL Narasimhan on the same day with a view in mind to conduct an early election.
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