IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.25933 OF 2009 Dt.30.11.2009 Between: Vejandla Subba Rao … Petitioner And Governor of Andhra Pradesh Raj Bhavan, Hyderabad and others … Respondents Counsel for the Appellant: Party-in-person Counsel for the Respondents: The Advocate General THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.25933 OF 2009 ORDER: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) This Writ Petition is filed for a quo warranto against respondent No.2. The main contention of the petitioner, who appeared as party-in- person, is that the Hon’ble Governor should not have appointed respondent No.2 as the Chief Minister without first eliciting views of the Legislators and that respondent No.2 does not enjoy the majority support of Legislators for being appointed as Chief Minister of the State of Andhra Pradesh. Having carefully considered the submissions of the party-in- person, we find no merit whatsoever in this Writ Petition. Under Article 164(1) of the Constitution of India, the Governor is empowered to appoint the Chief Minister and the other Ministers on the advice of the Chief Minister. It is not the case of the petitioner that any Legislator has approached the Hon’ble Governor and complained to him that respondent No.2 does not enjoy the majority. In the absence of any such complaint, it cannot be said that respondent No.2 does not enjoy the support of the majority Legislators and that the Hon’ble Governor has chosen respondent No.2 against the will of the majority Legislators. Therefore, we do not find any merit and substance in this Writ Petition and the same is accordingly dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P. No.33764 of 2009, filed by the petitioner for interim relief, is dismissed as infructuous. ______________ ANIL R. DAVE, CJ ________________________ C.V. NAGARJUNA REDDY, J 30.11.2009 bnr