In a suit can Governer make as a respondent?

Guest (Querist) 21 October 2009 This query is : Resolved
In a Telugu news channel I had seen a news clipping that in A.P. the present C.M.Mr.K.Rosaiah have no constitutional validity to continue as C.M. The learned Advocate on Petitioner side arguing that the present CM has to prove majority to continue as C.M.. For taking no action against continuation of present C.M. it is stated on the TV scrolling that in the suit Governer of A.P is going to make a respondent.

Is it possiable?

Please clarify.

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PJANARDHANA REDDY (Expert) 21 October 2009
YES THE ADVOCATE ARGUMENT IS CORRECT, MR.ROSAIAH ITSELF SAYS I ALSO SUPPORT JAGANMOHANREDDY AND CLEARLY 160 ADD MLA ARE READY SUPPORT,HOW GOVERNOR ALLOW ROSAIAH AS CM EVEN A PERIOD OF SIX MONTH AS PER CONSTITUTION.

REGARDING GOVERNOR, THE IMMUNITY OF STATE DOESN'T ALLOW TO MAKE PARTY/DEPEND/RES...IN ANY COURT.

Raj Kumar Makkad (Expert) 21 October 2009
No suit can be filed against Governor of any State.

Murali Krishna (Expert) 22 October 2009
Constitutional authorities are not to be made as respondents in court cases, even though their actions are amenable to challenge.

PJANARDHANA REDDY (Expert) 22 October 2009
BENCH OF HC OF A.P ORDER THE PETITIONER TO MAKE THE GOVERNOR IS ALSO AS RESPONDENT ON 21-10-2009

Guest (Querist) 22 October 2009
Dear PJR ji,
Constitutionally is it not contradictory?

Sachin Bhatia (Expert) 22 October 2009
You can not file suit against Governor of any State.

Sudharsan.m (Expert) 22 October 2009
yes you can file a case against the governor for his act if you have valid evidence, in madras high court one person filed case agaist manmohan singh, sonia gandhi and ministry of finance by including their name as party in the petition and the chief justice admitted and notice ordered to additional solicitor general of india for appropriate answer. WRIT jurisdiction have more power conferred under constitution. NO BODY IS GREATER THAN LAW.

Raj Kumar Makkad (Expert) 22 October 2009
In High court, case can be filed but no suit can be filed in civil court against governor of any State. If you have any instance please let me know so that I may correct myself.

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