Trust it will be resolved between high constitutional functionaries: Telangana High Court on state govt plea seeking approval of budget files from governor

A Division Bench of the Telangana High Court comprising Chief Justice Ujjal Bhuyan and Justice N Tukaramji on Monday disposed of a writ petition which was filed by the State Government seeking directions from the High court to the Governor of Telangana to clear the files with respect to the state budget.

The State Government sent all the files of the budget presentation to Governor Tamilisai Soundararajan for her consent on January 21, 2023. The said State Assembly is scheduled to begin on February 2023. Alleging unnecessary delay on part of the Governor, the State Government approached the High Court seeking directions.

The Division Bench then disposed of the petition while noting that the matter is resolved between the constitutional functionaries keeping in mind the letter and spirit of the Constitution. The order reads,

“We hope and trust the matter is resolved between the high constitutional functionaries keeping in mind the letter and spirit of the Constitution. We make it clear that we have not expressed any opinion on merit as well as on the maintainability of the writ petition.”

The plea reads as,

“It is prayed that this Hon’ble Court in the interest of Justice be pleased to issue an appropriate Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate writ, order or direction, commanding the Hon’ble Governor of Telangana, the respondent herein to forthwith approve the proposed date of Budget 2023-24 as requested by the Finance (BG) Department in File No. (C.No. 1835925-A/16/A1/BG2023) and to grant further approval in this regard”

Senior Advocate Dushyant Dave appeared for the State Government and argued that the Governor did not have any discretion with respect to subjects like budget and he is bound to lay down the budget on the advice of the Council of Ministers.

Chief Justice Ujjal Bhuyan questioned Dave if the High Court had the power to issue directions to the Governor, to which Dave said that there were judgments of the Supreme Court.

The Chief Justice however suggested that both the constitutional can sit across the table and resolve the issue. When the court took the matter again post lunch both the parties informed the court that they had reached an understanding and had decided to complete the formalities from their respective ends.

Case title: The State of Telangana vs Excellency the Honourable Governor