HYDERABAD: The registry of the High Court has raised an objection to naming the governor of AP and Telangana, ESL Narasimhan, as a respondent in two petitions filed urging the court to restrain two defector MLAs, Bhuma Akhila Priya (from YSR Congress to ruling TDP in AP) and Talasani Srinivas Yadav (from TDP to ruling TRS in TS) from discharging their duties as members of their respective legislative Assembly or as minister in their respective state cabinets.
When the matter was placed before justice M S Ramachandra Rao, the judge, while raising an objection to naming the governor as a respondent to the case, said that as per the judgment of Supreme Court's Constitution bench, the governor, in his individual capacity, should not be made a party. "Under Article 361 of the Constitution, the governor is not answerable to any court for the exercise and performance of the powers and duties of his office. The case will be heard if the governor's name was not included in the respondents' list. The court has no power to issue notice to the governor," the judge noted and asked the petitioner's counsel whether he would remove the governor's name from the list of respondents.
Petitioner's counsel I Mallikarjuna Sharma, while refusing to remove the name, asked the court to pass appropriate orders on the issue. The judge then reserved his orders on the above aspect.
Advocate G Malleswara Rao filed the above two petitions complaining that the Assembly speakers of both the states had failed to take any steps on the representations made against Akhila Priya and Srinivas Yadav for continuing as ministers after switching their loyalty to the ruling parties. He urged the court to declare as unconstitutional the continuance of Assembly speakers Kodela Siva Prasada Rao (AP) and Sirikonda Madhusudana Chary (Telangana), and ministers Akhila Priya and Srinivas Yadav in their respective posts.
Besides the governor, the speakers and the two ministers, AP chief minister N Chandrababu Naidu, Telangana chief minister K Chandrashekar Rao and both states' chief secretaries were also named as the respondents.