New Delhi: A day after the Lok Sabha cleared the Bill for bifurcation of Andhra Pradesh, a YSR Congress MP today filed a petition in the Supreme Court challenging the legislation for creation of a separate Telangana state.
The petition filed by Rajamohan Reddy, Lok Sabha MP from Nellore, sought to declare as unconstitutional the Cabinet Resolution of October 3, 2013 approving the proposal of Union Home Ministry for creation of 29th state of Telangana out of Andhra Pradesh.
The parliamentarian has also sought a direction from the apex court to declare the proposed Andhra Pradesh Reorganisation Act, 2013, as illegal, arbitrary and ultra vires of the Constitution.
The Bill is yet to get the nod of Rajya Sabha.
On February 7 and 17 respectively, the apex court had refused to entertain petitions challenging the division of Andhra Pradesh on the ground that they were "premature".
A bench headed by Justice H L Dattu had on both the ocassions referred to the apex court`s November 18, 2013 order when the same ground was taken for dismissal of petitions.
The court had on February 7 refused to stay the tabling of Telangana Bill and on February 17, it had dismissed two petitions challenging the division of Andhra Pradesh.
The apex court had said it cannot take a different stand and different view from what it had taken on February 7 while terming the plea against Telangana as "premature".
The court had declined to accept the contention that it can now go into the issue of Telangana as the Bill is before Parliament.
"Parliament is seized of the Bill. This is not a time for court to look into it. We understand your (petitioners) point that it is introduced," the bench had said adding that the plea is "premature" for it to be entertained.
However, it had clarified that the averment made in the writ petitions are open to be entertained at an appropriate stage.