IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHT DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7572 of 2008 Between: S.Raju S/o.Abrahma 2nd floor,Iyyengar Palaza Complex 5-1-681/1,2 Bank Street, Kothi, Hyderabad ..... PETITIONER AND 1 AP Legislative Assembly, rep.by its Secretary Saifabad,Hyderabad 2 Hon`ble Speaker,AP Legislative Assembly Saifabad,Hyderabad 3 State of AP., rep.by its Chief Secretary to Government of AP,, Secretariat,Hyderabad 4 State of AP., rep.by its Seretary,Law & Legislative Affairs, Secretariat,Hyderabad 5 The Chief Electrol Officer, STate of AP., Secretariat, Hyderabad 6 The Election Commission of India., rep.by its Chief Election Commissioner, Government of India Nirvachan Sadan,New Delhi 7 Union of India., rep.by its Cabinet Secretary, Central Secretaiat, New Delhi 8 Sri K.Chandra Sekhara Rao,C/o.Telangana Bhavan, banjara Hills,Hyderabad 9 Sri Vinod KUmar,C/o.Telangana Bhavan Banjara Hills,Hyderabad 10 Sri Ravindra Naik, C/o.Telangana Bhavan Banjara Hills,Hyderabad 11 Sri Madhusudhan Reddy,C/o.Telangana Bhavan Banjara Hills, Hyderabad .....RESPONDENT(S) 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 toissue a writ order or direction in the nature of mandamus declaring the resignation submitted by the party respondents on 3.3.2008 before the Hon`ble Speaker of the parliament and acceptance of such resignations by the respondens 1 and 2 on 3.3.2008 as arbitrary,illegal, unconstitutional violating Article 14 of the Constitution of India apart from ultra vires to proviso to article 190(3)(B) of the Constitution of India apart from against public interest and issue consequential directions restraining the Respondent No.5 and 6 from conducting Bye elections to the Constitutencies held by the party respondents prior to 3.3.2008 and issue further direction to continue the party respondents as Members of the Parliament for their respective Constituencies which they were holding prior to 3.3.2008 or alternatively direct therespondents not to allow the party respondents from contesting the incoming bye elections which have become necessary because of party respondents resignations on 3.3.2008 and further direct the respondents to recover the entire expenditure which is going to be incurred in condcuting the bye elections from the party respondents or their party and pass Counsel for the Petitioner:MR.P.V.KRISHNAIAH Counsel for the Respondent No.: . The Court made the following : Oral order: (Per Anil R. Dave, CJ) Learned Advocate Sri P.V. Krishnaiah seeks permission of the Court to withdraw the petition with liberty to file a fresh petition. Permission granted. The petition stand disposed of as withdrawn with liberty as prayed for. There shall be no order as to costs. _____________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 8th April, 2008 GRR To 1.2CCs to 2.2CD copies