‘The Bills were neither received nor signed by Council Chairman’

‘The Bills were neither received nor signed by Council Chairman’

TDP MLC P. Ashok Babu filed a writ petition in the High Court on Monday against the Decentralisation and Inclusive Development of All Regions Act and the CRDA Repeal Act.

He sought that the Acts be declared illegal and ultra vires to numbers 71, 132, 139, 140 and 141 of the Andhra Pradesh Legislative Council Rules, and number 124 of the A.P. Legislative Assembly Rules read with Article 200 of the Constitution.

The petitioner’s counsel Jandhyala Ravi Shankar informed the court that the Decentralisation Act was also in derogation of entry number 78 in the Union List of Seventh Schedule of the Constitution, read with Sections 5(2), and 31 of the Andhra Pradesh State Reorganisation Act.

The basic argument against the legislation is that the procedure adopted by the government while passing the Bills and obtaining the Governor’s assent was vitiated and in violation of Article 197 of the Constitution, read with 139 and 140 of the Andhra Pradesh Legislative Council Rules. It has been argued that for the Bills to be deemed as passed by both houses of the Legislature, the signature/certification of the Assembly Speaker and also the Council Chairman are a must.

‘Council ignored’

Neither were the Bills received nor signed by the Council Chairman before they were sent to the Governor for approval, Mr. Jandhyala Ravi Shankar argued.

As regards to the reference of the Bills by Council Chairman to a Select Committee, the petitioner said the legislative process adopted by the government in the alleged connivance with the Legislature Secretary was in violation of the Constitutional mandates.

He contended that a Select Committee was constituted, but a gazette notification to that effect was not issued by the Secretary, which was against the direction of the House.