V. VENKATESWAR RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition filed as Public Interest Litigation, the petitioner, who claims to be Convener of Forum for Social Audit Council on Information Right and actively campaigning on issues of public importance challenges the validity of the Notification issued by the State Government in G.O.Ms.No.280, General Administration (Elecs.F) Department dated 28.5.2011, whereby, the Governor of the State, in exercise of the powers conferred by sub-clause (e) of Clause (3) of Article 171 of the Constitution of India, read with Clause (5) thereof, has nominated respondents 4 to 8 as members to the Andhra Pradesh Legislative Council, and, seeks a writ of mandamus declaring the nominations of respondents 4 to 8 as Members of A.P. legislative Council as arbitrary, illegal, mala fide, colourable exercise of power, unconstitutional and ultra vires Article 171(3)(e) and (5) of the Constitution of India and to set aside the same.

(2.) By the afore-stated notification, while 1. Sri A. Chakrapani, Kurnool, Ex-Chairman, A.P. Legislative Council, 2. Sri D. Rajeswara Rao, Ex-MLC, Nizamabad District, 3. Sri R. Reddeppa Reddy, Ex-MLC, Chittoor District and 4. Sri Farooq Hussain, Medak District were appointed as members to the Legislative Council in place of four members retired on 29.3.2011, Smt. Angoori Laxmi Shiva Kumari, East Godavari District, was appointed as member of the Legislative Council in place of Dr. K. Rajyalakshmi who expired on 2.3.2011 and whose term expires by 29.3.2011.

(3.) The Government of Andhra Pradesh, Andhra Pradesh Legislative Council, Sri N. Kiran Kumar Reddy, and Chief Minister are impleaded as Respondents 1 to 3 respectively and the five persons nominated as members to the Legislative Council by the impugned notification are impleaded as respondents 4 to 8 respectively.