The petition filed by DA Somayajulu, currently serving as a member of Political Affairs Committee of YSR Congress, sought directions for declaring the Cabinet resolution of October 3 as being unconstitutional.

He also sought direction for restraining the President from initiating any recommendation in terms of Article 3 for the bifurcation of Andhra Pradesh and creating Telangana until a rational policy on the creation of states is laid down.

The petition settled by senior advocate Harish Salve contended that "Article 3 of the Constitution cannot be invoked as a political tool to cleave a political division for the purposes of the party at the Centre.

"A creation of a new State has to be based on valid and tenable considerations emanating from a policy regarding the creation of States. Absent such a policy, the creation of a new state (or states) will be invalid," the petition drawn by advocate Gopal Sankarnarayanan said.

Further, the petition said the present decision to divide Andhra Pradesh is clearly based on the political motivations of the Congress party that leads the coalition government at the Centre, and cannot be defended against a challenge based on Article 14 of the Constitution.


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