New Delhi: The Telangana High Court on Monday disposed of a writ petition filed by the State Government seeking a direction to the Governor to place the papers relating to the Budget for the year 2023-24 in the forthcoming Assembly session, the lawyers for both the parties said. had informed the HC that they have decided to settle all the contentious issues.
Even Advocate General B.S. Prasad requested the bench to take up the matter for urgent hearing in the morning, the Chief Justice said: “Where has the judiciary come in the matter”. The AG, however, said that senior Supreme Court lawyer Dushyant Dave would explain the government’s arguments in the matter. The CJ also observed ‘whether the HC can issue notice to the governor’ as the state sought a direction to the governor to clear the budget file.
However, the Bench agreed to hear the matter. Presenting his arguments on behalf of the State Government, Mr. Dave said that the situation of the Government going to the High Court for not giving assent to the budget proposal by the Governor is not good for democracy. As he began to cite the Supreme Court judgement, which held that the Governor had no discretion on matters relating to Money Bills (such as budget presentation), the Chief Justice suggested to the senior counsel that the For ‘Why two constitutional authorities cannot sit on the table’.
notice to the governor
Noting that he had come to know about the Governor walking out of the Assembly in Tamil Nadu, the Chief Justice said that the two officers were talking there. He sought to know from the senior advocate whether the High Court has the power to issue notice to the Governor. As the senior counsel was continuing the arguments after the lunch break of 1.30 pm, the Chief Justice suggested that the hearing be held after the break.
When the bench wanted to know who was appearing for the Governor’s office, senior High Court advocate S. Anand Ashok Kumar said that he would present the arguments. Mr Kumar said he would try to resolve the issue amicably as suggested by the bench.
When the bench met after the lunch break in the packed First Court Hall, lawyers from both the sides would argue a number of potentially complex constitutional issues. However, Mr. Dave informed the bench that the discussions between him and the counsel for the other side were fruitful. The senior advocate told the bench that the government is ready for the Governor’s address in the first session of the new year.
MLC’s statement condemned
Referring to the comments made by BRS leader and MLC P Kaushik Reddy about the governor, Mr Dave said they were objectionable. He said that such remarks made against anyone should be strongly condemned. The senior counsel said he would ask the government to condemn the MLC’s remarks. The government will be breaking ties with Mr Reddy over the derogatory remarks.
Senior advocate S Ashok Anand Kumar said that the state government was not treating the governor with respect. The governor was not invited to deliver a speech before the presentation of the budget. This year the Chief Minister also did not attend the At Home program organized by the Raj Bhavan. He clarified that if the state government is ready to abide by all the provisions of the constitution, then the governor will ensure that all constitutional duties are faithfully followed.
After hearing the arguments of both the lawyers, the bench said that it is closing the petition as all the issues were discussed positively by both the parties. The bench said that it was not deciding the matter on any issue of merit including maintainability.
