KOCHI: The Kerala High Court on Friday dismissed a quo warranto petition challenging the appointment of KP Dandapani as the Advocate-General. A Division Bench comprising Justice C N Ramachandran Nair and Justice P S Gopinathan dismissed the petition filed by K Madhusoodanan Nair, an advocate practising at the High Court.
Dismissing the bail application the Bench observed: “We do not find any disqualification under the Constitution for Danadapani being appointed as AG.” The court also observed that Dandapani was not disqualified to be appointed as judge.
The petitioner moved the court alleging that Dandapani was not eligible to be appointed as judge and so he could not be appointed as AG. The petitioner argued that Article 165 of the Constitution stipulates that an AG must possess all the required qualifications of a High Court Judge at the time of appointment. The petitioner alleged that Dandapani while he was an additional judge at the Kerala High Court was transferred to the Gujarat High Court but he did not assume charge there.
There is nothing surprising or unusual in the case, the court said. The court rejected the petitioner’s arguments that Dandapani was appointed even before the first meeting of the council of ministers. The appointment of the AG is one of the most important appointments in the state, the court said.