At HC, the mood is of disapproval

The Telangana state government has faced tough times in court on PILs that were moved against certain GOs that it issued to amend laws.

The High Court has stated that it was prima facie satisfied that the state government has no power to amend a law by merely issuing a government order once it was adopted by citing the AP Reorganisation Act 2014.

The court was of the opinion that the balance lay in favour of the petitioners who moved PILs against the amendments carried out through executive orders, to the GHMC Act that reduced the schedule for the GHMC elections, another that introduced the Building Regularisation Scheme and a third to appoint vice-chancellors directly and withdrawing the power of the Governor by amending the laws governing different state.

Amendments made to the GHMC Act to allow more MLCs to register as ex-officio members of the GHMC have also been challenged. The High Court suspended this GO and has ordered status quo with regard to BRS. It has directed the government not to regularise illegal buildings but allowed it to receive applications for the scheme.

The court declared that the appointment of vice chancellors, after amending university laws, would be subject to the outcome of the petition pending before it.

Interestingly, the court also made an oral observation after it came to know that the government has brought out an Ordinance after the court suspended the GO on MLCs as ex-officio members.

The court said that it felt prime facie that the government had no power under the AP Reorgnisation Act, 2014 to repeatedly amend an Act which it had adopted.