K YADAVA REDDY Vs. HONOURABLE CHAIRMAN

JUDGEMENT

(1.) The petitioner, K. Yadava Reddy, has challenged the legality of the order dated 16.01.2019, passed by the Chairman, Telangana Legislative Council ('the Council', for short), the respondent No. 1, whereby the petitioner was disqualified as a Member of the Council in terms of Para 2(1)(a) of the Tenth Schedule of the Constitution of India, and was declared as having ceased to be a Member of the Council ('M.L.C.,', for short) with immediate effect.

(2.) Briefly, the facts of the case are that the petitioner, being a member of Telangana Rastra Samithi Party ('TRS Party', for short), was nominated by the party for being elected as a M.L.C., to the Council; on 04.06.2015, he was elected as a M.L.C. from Nizamabad Local Bodies Constituency.

(3.) However, during the course of his tenure as a M.L.C., the respondents Nos. 6 and 7 submitted a disqualification petition under the Tenth Schedule of the Constitution of India, read with Rule 6 of the Members of the Telangana Legislative Council (Disqualification on ground of Defection) Rules ('the Rules', for short) against the petitioner. In the petition, the respondent Nos. 6 and 7 alleged that although the petitioner was elected as a Member of the TRS Party, on 14.09.2018, the petitioner went to New Delhi, and joined Indian National Congress Party ('INC Party', for short). Moreover, on 23.11.2018, he had attended a meeting organized by the INC Party at Medchal. At the meeting, the petitioner had met Mrs. Sonia Gandhi. Furthermore, on 07.12.2018, he canvassed on behalf of the INC Party in the pre-elections conducted for the Telangana State Legislative Assembly. Thus, he has not only indulged in anti-party activity, but has also voluntarily given up his association with the TRS Party. Hence, he should be disqualified as being a M.L.C.