IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7796 of 2008 Between: Mr. E. Chandrasekhar Goud, S/o. Ramachandraiah, R/o. Flat No.103, Laxmi Apartments, Nalgonda Cross Roads, Malakpet, Hyderabad. .....Petitioner And 1. The Election Commission of India, represented by its Chief Election Commissioner, Nirvachan Sada, Ashoka Road, New Delhi. 2. The State Election Commission, 3rd Floor, Budha Bhavan, Secunderabad. 3. Mr. K. Chandrasekhar Rao, Ex-M.P. (TRS), [Karimnagar Constituency], C/o. Telangana Bhavan, Road No.12, Banjara Hills, Hyderabad. 4. Mr. Madhusudan Reddy, Ex-M.P. (TRS), [Adilabad Constituency], C/o. Telangana Bhavan, Road No.12, Banjara Hills, Hyderabad. 5. Mr. Vinod Kumar, Ex-M.P. (TRS), [Warangal Constituency], C/o. Telangana Bhavan, Road No.12, Banjara Hills, Hyderabad. 6. Mr. Ravindra Naik, Ex-M.P. (TRS), [Hanmakonda Constituency], C/o. Telangana Bhavan, Road No.12, Banjara Hills, Hyderabad. 7. Dr. Gunde Vijaya Rama Rao [Ghanpur Constituency], Plot No.288, Balamrai, Housing Society, Mahendra Hills, East Marredpally, Secunderabad. 8. Mr. Nayani Narsimha Reddy [Musheerabad Constituency], R/o. H.No.1-7-495, Dayara Market, Musheerabad, Hyderabad. 9. Mr. Etala Rajender [Kamalapur Constituency], R/o. H.No.1-12-6, Temple Alwal, Secunderabad. 10. Mr. T. Harish Rao [Siddipet Constituency], R/o. Flat NO.205, Vasanth Vally, White Field, Kondapur, Hyderabad. 11. Mr. A. Chandrasekhar [Vikarabad Constituency], R/o. H.No.13/A/B/178, MLA's Colony, Road No.12, Banjara Hills, Hyderabad. 12. Dr. Kudulla Nagesh [Alair Constituency], R/o. Quarter No.B2/6, Errum Manzil colony, Hyderabad. 13. Mr. Eanugu Ravinder Reddy [Yellareddy Constituency], R/o. Plot No.15, Radha swamy Railway Colony, Near Bowenpally, New Market yard, Sikh Village Road, Secunderabad-500011. 14. Mr. Charlakola Laxma Reddy [Jadcherla Constituency], R/o. Quarter No.146, New MLA Quarters, Hill Fort, Hyderabad. 15. Mr. Solipeta Ramalinga Reddy [Dommat Constituency], R/o. Quarter No.B4/4, Errum Manzil Colony, Hyderabad. 16. Capt. V. Laxmikantha Rao [Huzurabad Constituency], R/o. A2/3, Errum Manzil Colony, Hyderabad. 17. Mr. Kommuri Prathap Reddy [Cheriyal Constituency], R/o. Plot No.70-A, MLA's Colony, Road No.12, Banjara Hills, Hyderabad. 18 . Smt. M. Padma Devendar Reddy [Ramayampet Constituency], R/o.2-2-12/B, Gate No.B-62, Durgabai Deshmukh Colony, Vidyanagar, Hyderabad. 19. Mr. T. Padma Rao [Secunderabad Constituency], R/o. 7-2-252/4, Ashok Nagar, Takara Basti, Secunderabad. 20. Mr. Ajmera Govind Naik [Khanpur Constituency], R/o. No.203, M.S.II, Old MLA Quarters, Hyderguda, Hyderabad. 21. Mr. Koppula Eshwar, [Myadaram Constituency], R/o. MLA Quarters, Erramanzil Colony, Hyderabad. 22. Mr. Gaddam Ganga Reddy [Dichpalli Constituency], R/o. The Central Court Hotel, 6-7-71, Lakdikapool, Hyderabad. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ, direction or order more in the nature of writ of Mandamus or any other appropriate writ, declaring that any MP or MLA who has tendered voluntary resignation from his Membership of MP of Lok Sabha of any State (State Assembly) and whose resignations are accepted by the respective Chairman or Speaker as the case may be, as voluntary and genuine, incurs disqualifications to be a Member of such House by re-elections either from the same Constituency or from any other Constituency until the term of the said Lok Sabha or State Assembly comes to a termination by dissolution under Article 83 and under Article 172 of Constitution of India respectively and consequentially direct the respondents No.1 and 2 to reject Nominations from Respondents No.3 to 22 for re-election, the same being unconstitutional until the tenure of the present Lok Sabha and State Legislature of Andhra Pradesh comes to an end in terms of the provisions of Articles 83 and 172 of the Constitution of India respectively. Counsel for the petitioner : Sri Minnikanti Laxmi Prasad Counsel for respondent No.1 : None Counsel for respondent No.2 : None Counsel for respondent Nos.3 to 22: None The Court made the following: ORDER: (per Anil R. Dave, C.J.) This is a public interest litigation where the petitioner has prayed for a declaration that Members of Parliament and Members of Legislative Assembly, who have been arrayed as respondents in the petition, having submitted their resignation before completion of their tenure of five years, cannot be permitted to contest elections during the remaining period of the tenure. The Learned Advocate has referred to the provisions of Articles 83(2), 101 and 102 of the Constitution of India and has submitted that such Members of Parliament incur disqualification as per the provisions of Article 102 and, therefore, upon conjoint reading of Articles 101 and 102, they cannot be permitted to contest elections. Upon hearing the learned Advocate and upon going through the provisions of the Articles referred to hereinabove, we do not find any provision which would prevent the respondent Members of Parliament or Members of Legislative Assembly to contest elections again. In the absence of any specific provision disqualifying them from contesting elections again during the aforesaid tenure, we are of the view that they cannot be restrained from contesting elections again. Learned Advocate has relied upon the judgment delivered in the case of Bhinka v. Charan Singh[1] so as to substantiate his case. Upon perusal of the said judgment and more particularly paragraph 15, we do not find any such provision and, therefore, in our opinion, the said judgment would not render any assistance to the petitioner. In the case of Members of Legislative Assembly also, the provisions of the Constitution do not disqualify the Members of State Legislative Assembly from contesting elections as stated hereinabove in the case of Members of Parliament. For the aforestated reasons, we do not find any substance in the petition and it is rejected. ANIL R. DAVE, C.J. 10th April, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The Chief Election Commissioner, Election Commission of India, Nirvachan Sada, Ashoka Road, New Delhi. 2. The State Election Commissioner, State Election Commission, 3rd Floor, Budha Bhavan, Secunderabad. 3.Two C.D. copies. ARS [1] AIR 1959 SC 960