HC questions Cabinet power to dissolve Assembly

20 lakh voters may lose chance to cast their vote for the first time, petitioner tells HC

The Hyderabad High Court on Friday directed the state government to inform it by Wednesday whether the Cabinet has the power to dissolve the Assembly without informing the entire House.

A division bench comprising Chief Justice Thottathil B. Radhakrishnan and Justice S.V. Bhatt was dealing with a petition by E. Sheshank Reddy seeking to declare the action of the Telangana Cabinet in dissolving the Assembly nine months prior to the expiry of its term, and without informing the House, as illegal.

The petitioner said if the elections are held after January 1, 2019, the 10 per cent of youngsters who would have attained the voting age of 18 years would decide the fate of political parties.

Niroop Reddy, senior counsel of the Supreme Court, arguing for the petitioner, submitted that due to early dissolving of the Assembly the Election Commission has advanced the schedule for summary revision of voter lists which has resulted in 20 lakh voters losing the chance to cast their vote for the first time (those who will be of voting age from January 1)

He asked that the notification issued on September 8, advancing the schedule by the EC be termed illegal.

The petitioner contended that no one has the power to infringe the right to vote of 20 lakh voters who would likely enrol as voters as per the original notification by January 1, 2019, on attaining 18 years of age.

He said if the elections are held after January 1, 2019, the 10 per cent of youngsters who would attain the age of 18 years would decide the fate of political parties.

Stating that the Opposition MLAs are also elected by the people, he contended that at least the Governor should have taken the House into confidence before dissolving the Assembly.

Reacting to the submission of the senior counsel, the bench pointed out that no one has raised this point so far.

The bench felt that it was a valid point and asked additional advocate- general J. Ramachandra Rao to inform it by Wednesday whether the Cabinet has the power to dissolve the Assembly.