The Hyderabad High Court
Friday dismissed pleas seeking to declare as unconstitutional the action of the governor on dissolution of the Telangana assembly on the Cabinet's advice without ascertaining the views of the members of the House.
A division bench, comprising Chief Justice Thottathil B Radhakrishnan and Justice S V Bhatt, observed that there was no merit in the petitioners' contentions.
Once the election notification has been issued, it is not proper for the court to interfere with the democratic process, the bench said.
The bench heard the petition filed by senior Congress leader and former minister D K Aruna and two others.
It also declined to interfere with the notification issued on September 6 dissolving the House and also the election notification for publishing the schedule of elections in the state.
Aruna in her petition alleged that that the state government had dissolved the assembly in a huff and such action is not in public interest.
She elaborated the likely consequences of earlier elections on the exchequer.
The bench observed that the elected government had absolute majority in the state assembly and its recommendations were accepted by the governor.
Such discretionary order cannot be interfered with under Article 226 of the Constitution, the court observed.
The assembly was dissolved on September 6 almost eight months ahead of completion of its tenure.
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