K VENKATA RAMANA REDDI Vs. GOVT OF A P

JUDGEMENT

(1.) The petitioner a Lecturer in N. B. K. R. Science and Arts College, Vidyanagar, Vakadu Taluk, Nellore Dist. filed his nomination from the East Mayalaseema Teachers constituency in the elections held to the Andhra Pradesh Legislative Council. Under Art.171 (3) (c) of the Constitution, "as nearly as may be, one-twelfth of the total number of members of the Legislative Council of a State shall be elected by electorate, consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament." The petitioner failed to get elected.

(2.) Before filing his nomination, the petitioner had informed the management of the College of his intention to contest from the said constituency. On 5-6-1982 the management issued a notice to the petitioner, calling upon him to show cause why disciplinary action should not be taken against him for violating the existing Government orders under which one has to obtain prior permission from the concerned management before filing nomination to stand as a candidate in any election to the Legislative Body, Parliament or a local authority. Subsequently by an order dt. 13-7-1982 the petitioner was suspended pending enquiry into the charge against him.

(3.) In W. P. No. 3812 of 1982, the petitioner is challenging the validity of G. O. Ms. No. 438, Education dt. 4-6-1980, which declares that "no member of the teaching staff of any affiliated and recognised college shall file a nomination to stand as a candidate in any election to a Legislative Body, whether both Houses of the State Legislature or of Parliament or to any local authority, unless he resigns his office as such member and his resignation is accepted. Any contravention of this provision by such member shall be regarded as sufficient ground for removing him from the service." This is a rule made by the Government in exercise of the rule-making authority conferred upon it by S.37-A of the Sree Venkateswara University Act, 1954. The College where the petitioner is working is affiliated to Sree Venkateswara University.