LAWS(APH)-2009-4-60

MANDADI SATYANARAYANA REDDY Vs. ANDHRA PRADESH LEGISLATIVE ASSEMBLY

Decided On April 08, 2009
MANDADI SATYANARAYANA REDDY Appellant
V/S
ANDHRA PRADESH LEGISLATIVE ASSEMBLY Respondents

JUDGEMENT

(1.) "the evil of political defections has been a matter of national concern. If it is not combated, it is likely to undermine the very foundations of our democracy and the principles which sustain it. With this object, an assurance was given in the Address by the President to Parliament that the government intended to introduce in the current session of Parliament an anti-defection Bill. This Bill is meant for outlawing defection and fulfilling the above assurance. "

(2.) UNPRINCIPLED defection is a political and social evil. People have grown distrustful of the emotive political exultations that such floor-crossings belong to the sacred area of freedom of conscience, or of the right to dissent or of intellectual freedom. The antidefection law seeks to recognise the practical need to place the proprieties of political and personal conduct-whose awkward erosion and grotesque manifestations have been the bane of the times - above certain theoretical assumptions which in reality have fallen into a morass of personal and political degradation. (Kihoto Hollohan v. Zachillhu ).

(3.) AGGRIEVED by the order of the Speaker of the Andhra Pradesh State Legislative assembly, in Disqualification Petition No. 1 of 2007 dated 22. 12. 2008, declaring that they were disqualified from continuing as members of the 12th Legislative Assembly under para 2 (1) (a) of the tenth schedule, and that their seats had fallen vacant, respondents 3 and 6 therein have filed these two writ petitions. A writ of Certiorari is sought to quash the said order and to declare that they continue to be members of the Andhra pradesh Legislative Assembly. The 2nd respondent in these two writ petitions was the petitioner in D. P. No. 1 of 2007. Parties shall, hereinafter, be referred to as they are arrayed in D. P. No. 1 of 2007.