Alleging that there is a hidden agenda behind the appointment in addition to the illegality and chance of abuse of office, Kummanam's petition said the appointment is illegal.
As the CPI is displeased over Chief Minister's legal advisor M.K. Damodaran appearing in cases against the state government, the party is set to raise the matter in LDF state committee to be held on Tuesday.
Not just the opposition, even CPI - the second largest constituent of the CPM-led LDF - had said that entertaining people like Damodaran will cast a cloud of suspicion over the acts of the government. Following that, Damodaran decided not to take over the post.
Even though the government had issued the order appointing him as legal adviser to CM with rank of principal secretary, he was yet to assume charge, the senior counsel told the media.
The government backtracked on the move to appoint a legal adviser to the CM, a first-of-its-kind in the state, after Damodaran's recent acts of appearing in some cases against the state government kicked up a controversy.
Damodaran appearing for lottery magnate Santiagao Martin, for INTUC leader R Chandrasekharan in cashew corruption case and for quarry owners had led to severe criticisms.
However, the court made it clear that there was nothing unconstitutional in the appointment of the legal adviser.
BJP State president Kummanam Rajasekharan has approached the High Court of Kerala with a petition seeking to quash the appointment of Mr. Damodaran. The appointment will in no way undermine the post of Advocate General, who would render his advice to the State government. CM Pinarayi had defended Damodaran in the state Assembly by informing the House that the lawyer was not being paid any remuneration for his role as legal advisor and that he was free to take other cases.