SC Has Doubts Over Maintainability of Petitions Challenging Formation Of Telengana [Read Order]

Justice Sanjay Kishan Kaul of the Supreme Court, while sitting as a Single Judge in Chambers on September 4, expressed doubts whether the slew of petitions pending since 2014, against the formation of Telengana by splitting Andhra Pradesh, are maintainable.

There are 23 writ petitions which have been pending since 2014 raising the common prayer that the formation of Telengana be declared unconstitutional in view of the fact that Article 3 of the Constitution can only be used to bifurcate an existing State, and not create a new State.   The petitioners have challenged the creation of Telengana as violative of the principles of federalism and democracy.

The lead petition was filed by K.Raghu Ramakrishna Raju, a BJP leader, whose petition is numbered as W.P.[civil] No.161 of 2014.

On September 4, IA No.5 of Writ Petition [civil] No.207 of 2014 also came up for consideration before Justice Kaul.  This petition was filed by Vishnu Alluri, a petitioner-in-person whose general prayer was to declare all States of the Union of India as sovereign and the States have the right for self-existence.   Alluri’s another petition challenging creation of Telengana is one among the 23 writ petitions pending before the Court.  Manohar Lal Sharma is also one among them.

Justice Kaul, in his order stated: “On perusal of the nature of reliefs in the main writ petition, it may be appropriate to list the matter before Court as to whether the Writ Petition is at all maintainable, specially, in the given factual situation as exists and the prayer made.”

The case status of these petitions shows October 27 as the next date of listing.

The Supreme Court had declined to grant interim relief earlier saying it was as good as hearing the main matter itself.   The request for grant of interim relief was made by counsel, Rajeev Dhawan,  Anoop G. Choudhari, and Gopal Sankaranarayanan on behalf of petitioners on May 5, 2014.