The Section 8 of Andhra Pradesh Reoganisation Act gives powers to the Governor on maintaining law and order in Hyderabad, the common capital of the two states for 10 years starting June 2, 2014.
A division bench refused to overrule the objection raised by the High Court registry to list the petition with the Governor who enjoys constitutional immunity, as a party.
The Governments of Andhra and Telangana, created under the Act, had been sparring over implementation of Section 8.
The TDP-led government in Andhra Pradesh, which is building a new capital city, has been demanding that Governor E S L Narasimhan exercise the special power and look after law and order in Hyderabad.
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However, Telangana Chief Minister K Chandrasekhar Rao has opposed the demand and insisted that law and order was a state subject and Hyderabad was an integral part of Telangana.
The Section 8 of Act states that for the purposes of administration of the common capital area, the Governor shall have special responsibility for the security of life, liberty and property of all those who reside in such area.