HYDERABAD: The Telangana High Court has admitted a batch of writ petitions challenging the constitutional validity of recent amendments to the Municipal Corporation Act.
A bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin granted the state government four weeks to file its counter affidavit. It declined to grant interim relief, stating that it was not persuaded by repeated requests from the petitioners.
The petitions, filed by R Laxman and another, question the merger of several municipalities and urban local bodies into the Greater Hyderabad Municipal Corporation (GHMC).
Senior counsel L Ravichander, appearing for the petitioners, argued that Article 243Q of the Constitution requires strict adherence to constitutional procedure in the constitution or alteration of a municipal corporation.
He said such action must be preceded by a Governor’s notification, based on factors including population, density, revenue and non-agricultural employment.
The petitioners contended that the state failed to follow this mandatory process and that the amendments reflected legislative non-compliance with constitutional requirements. These safeguards, counsel argued, could not be treated as procedural formalities.
He also expressed concern that issuance of an election notification during the pendency of the case could render the petitions infructuous.
Opposing the pleas, Advocate General A Sudershan Reddy submitted that statutes carry a presumption of constitutional validity unless declared otherwise. He sought four weeks to place the state’s response on record.
Accepting the request, the bench granted four weeks for the counter affidavit and a further week for any rejoinder. The matters have been posted for hearing on March 24.