A Public Interest Litigation (PIL) petition was filed in Hyderabad High Court seeking direction to Telangana government to appoint Advocate General (AG).
The petitioner, M. Satish Kumar, a lawyer, submitted to the HC to declare non-appointment of AG as unconstitutional and that it amounted to abdication of constitutional duty. The post has been vacant for past nearly four months since AG D. Prakash Reddy resigned in March this year.
Seeking to issue a writ of mandamus, Mr. Kumar maintained that non-appointment of AG was derogation of law and constitutional impropriety. This also violated articles 14 and 165 of the constitution, he said.
The AG is not only head of legal set-up in the State but also ex-officio member of several bodies. The AG is also leader of legal fraternity and has the right of first audience.
Mr. Kumar stated that functioning of State without AG was not conceived. There is no stop-gap arrangement either. Leaving such a key post unfilled for such a long period amounted to misgovernance, he said.
Citing Supreme Court observation in the case of Supreme Court Advocates-on-Record Association vs Union of India, the lawyer stated that non-appointment of AG was impeding access to justice and imperilling Rule of Law.
Since formation of Telangana State on June 2, 2014, two AGs have been appointed. The first was K. Ramakrishna Reddy, who resigned in July, 2017, having completed three-year term.
In July 2017, D. Prakash Reddy was appointed as AG. He resigned on March 26 while the case of expulsion of two Congress MLAs from Telangana Assembly was in progress. Since then, Additional AG J. Ramchandra Rao is representing the State in all matters in the place of AG.
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