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Hyderabad, Sept. 22: A writ petition was filed in the Andhra Pradesh High Court on Tuesday seeking a direction to the Chief Minister, Mr K. Rosaiah, to direct the Chief Secretary and summon a special session of the Assembly to prove his majority in the House.

Mr Adey Ravi, a practising advocate in Guntur district, filed the petition. He urged the court to direct the Chief Minister not to take major decisions till he proves his majority in the house.

The petitioner contended that according to the judgement of the Supreme Court in Madan Murari Verma versus Chowdari Charan Singh case the courts can exercise their jurisdiction to avoid administrative and Constitutional vacuum and deadlock. While explaining the chronology of events since Mr Rosaiah was sworn in as the Chief Minister, the petitioner contended that there was administrative and Constitutional vacuum in the state. Mr Ravi told the court that Mr Rosaiah was not elected as the Legislative Party leader even though he belongs to the Congress and did not submit the list of MLAs supporting him to the Governor to show his majority.

Mr Ravi alleged that Mr Rosaiah did not make any effort so far to prove his majority in the House. He said there is a necessity to summon a special session of the AP Assembly to prove his majority. He cited the Supreme Court direction in Jagadambikapal versus Union of India case to support his contention. The petitioner argued that there was no provision for a temporary or caretaker CM in the Constitution. He also argued that the action of the Governor in not summoning a special session of the Assembly to prove the majority of Mr Rosaiah was illegal and contrary to the law. The HC will hear the case on Wednesday.