KATRAGADDA GANGARAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In these writ pelitioas the constitutional validity and propriety of the nominations made to the Legislative Council by the Governor of the State under sub-clause (e) of clause (3) of Article 171 of the Constitution of India read with clause (5) of that Article, in G. O Ms. No 403, General Administration (Elections. F), dated 9th June, 1980, is challenged. The notification reads as follows:--

(2.) The Government of Andhra Pradesh, Dr. M. Chenna Reddy, the then Chief Minister of Andhra Pradesh, Andhra Pradesh Legislative Council and the four persons nominated are impleaded as respondents 1 to 7 respectively in Writ Petition No. 3047 of 1980. In Writ Petition No. 2927 of 1980 which is a writ of quo warranto, only the four persons nominated to the Legislattre Council are the respondents.

(3.) The case on behalf of the petitioner, Mr. Jaipal Reddy, who is an M. L. A., is this : The four vacancies have to be filled in by persons having special knowledge, or practical experience in respect of such matters as (1) Literature, (2) Science, (3) Art, (4) Co-operative Movement, and (5) Social Service, that this reservation is meant to give representation in the Legislative Council to persons who have achieved distinction in the respective fields and that politicians by profession and belonging to any political party ought to be nominated for those vacancies. According to the petitioner, none of the respondents 4 to 7 would fit in the category of persons envisaged under clause (5) of Article 171 and therefore not eligible to be nominated to the Andhra Pradesh Legislative Council in that category. Respondents 4, 5 and 6, according to the petitioner, are politi- cians by profession and they have been Members of the Legislature previously. The 4th respondent had earlier functioned as Deputy Chairman and is now functioning as the Chairman of the Legislative Council, These three respondents belong to the ruling Congress (I) Party. They are neither people possessing special knowledge or practical experience in any of the fields mentioned in Clause (5) of Article 171 of the Constitution and therefore they are not entitled to be nominated. Their distinction if any, is only giving active support to the Ruling party whichever it is.