KONDA MURALIDHAR RAO Vs. A. CHAKRAPANI

JUDGEMENT

(1.) This writ petition is filed seeking a Certiorari to call for the records relating to the order dated 30.07.2012 in Disqualification Petition No.2 of 2012 on the file of the 2nd respondent and to quash the same being arbitrary and illegal.

(2.) The writ petitioner was a member of the Indian National Congress Party and he was elected as a member of the A.P. Legislative Council from the Local Bodies Constituency of Warangal on 2.5.2007 for a period of six years. The 4th respondent herein who is also a member of the A.P. Legislative Council and Government Whip of Indian National Congress Party in A.P. Legislative Council filed a petition under para-2 (1) (a) of Tenth Schedule read with Article 191 (2) of the Constitution of India and Rule 6 of the Rules called the Members of A.P. Legislative Council (Disqualification on ground of Defection) Rules, 1986 (for short, 'the Rules') seeking a declaration that the writ petitioner is disqualified for being a member of the Legislative Council of A.P. alleging inter alia that the writ petitioner who got elected as a member of Legislative Council of A.P. on the B-Form issued by the Indian National Congress had participated in various anti-party activities and thus he had voluntarily given up his membership of Indian National Congress Party. In pursuance thereof, a show-cause notice together with a copy of the petition presented by the 4th respondent and the enclosed documents was served on the writ petitioner on 17.1.2012 calling upon him to explain the allegations. Having entered appearance through his counsel before the 2nd respondent, the writ petitioner filed a detailed counter denying the allegations made in the Disqualification Petition. After hearing both the parties, the 2nd respondent by the impugned order dated 30.07.2012 held that it was established that the writ petitioner had voluntarily given up his membership of the Indian National Congress and thus he was disqualified for being a member of the A.P. Legislative Council. Aggrieved by the said order, the present writ petition is filed.

(3.) The 4th respondent filed a counter-affidavit supporting the impugned order and raising an objection as to the very maintainability of the writ petition in view of the finality clause in para-6(1) of the Tenth Schedule to the Constitution of India.