Y S RAJASEKARA REDDY Vs. NARA CHANDRABABU NAIDU

JUDGEMENT

(1.) In public interest litigation, office bearers of the Congress Party, a major opposition party in the Assembly, sought a Writ of Quo-warranto or any other writ, order or direction for removal of the Chief Minister and his other Ministers, for having violated the constitutional mandate of Part IX-A of the Constitution by not holding elections to Nine Municipalities around Hyderabad within the stipulated period. Petitioners are legislators and are concerned for governance of the State in consonance with the constitutional mandate, consequently the writ.

(2.) Respondent No.1 was elected as the leader of the A.P. Legislative Assembly and was appointed as Chief Minister of Andhra Pradesh on 1-9-1995. Elections to the Legislative Assembly and the Parliament were notified on 11-7-1999 and the present writ petition was presented on 12-7-1999. The Chief Minister holds the constitutional office, performs the public duty and is a public servant. Violation of the constitutional mandate and the duty has rendered him to be unfit, disqualified and ineligible to hold the constitutional post.

(3.) The petitioner aver.red that the elections for the Corporation and theMunicipalities of Kukatpally, Qutbullapur, Alwal, Malkajgiri, Kapra, Uppal Kalan, L.B. Nagar, Rajendra Nagar, Seri Lingampally were not held since 1991, though the term to the Municipal Council and the Municipalities expired in 1991 and 1996 respectively.