IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE T.CH.SURYA RAO WRIT PETITION No.4825 of 2008 Between: S. Raju, S/o. Abraham, 2nd Floor, Iyyengar Plaza Complex, 5-1-681/1,2, Bank Street , Kothi, Hyderabad. ..... Petitioner And 1. A.P.Legislative Assembly, rep. by its Secretary, Saifabad, Hyderabad. 2. A.P.Legislative Council, rep. by its Secretary, Saifabad, Hyderabad. 3. Hon'ble Speaker, A.P. Legislative Assembly, Saifabad, Hyderabad. 4. Hon'ble Chairman, A.P. Legislative Assembly, Saifabad, Hyderabad. 5. State of Andhra Pradesh, rep. by its Chief Secretary, Government of Andhra Pradesh, Secretariat, Hyderabad. 6. State of Andhra Pradesh, rep. by its Secretary, Law & Legislative Affairs, Secretariat, Hyderabad. 7. Sri Vijaya Rama Rao, Floor Leader, Telangana Rashtra Samithi Party C/o. Telangana Bhavan, Banjara Hills, Hyderabad. 8. H.A. Rahaman, Member of Legislative Council, C/o. Telangana Bhavan, Banjara Hills, 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 order or direction in the nature of Mandamus directing the respondents No. 1 to 4 not to accept the resignations of 16 MLAs and 3 MLCs belonging to T.R.S. party, who submitted their resignations on 4-3-2008 without following the proviso to Article 190(3)(b) of the Constitution of India and issue consequential directions restraining respondents No.1 to 4 from accepting the resignations submitted by 16 MLAs and 3 MLCs belonging to T.R.S. Party on 4-3-2008. Counsel for the petitioner : Sri P.V.Krishnaiah Counsel for respondent Nos.1 to 4: Sri Ravi Shankar Jandhyala The Court made the following : ORDER: (per Anil R. Dave, C.J.) By way of this public interest litigation, the petitioner has approached this Court with a prayer that suitable directions be given to the Hon’ble Speaker so that resignations which have been submitted by 16 Members of Legislative Assembly and 3 Members of Legislative Council be not accepted. It has been submitted by the learned Advocate appearing for the petitioner that the Hon’ble Speaker is likely to act without considering the provisions of the Constitution. In our opinion, there is no substance in this petition for the reason that still no action has been taken in pursuance of the resignations submitted by the Members of Legislative Assembly and the Legislative Council. We cannot presume that the Hon’ble Speaker would take action which would not be in accordance with law or the provisions of the Constitution. The petition is rejected. ANIL R. DAVE, C.J. 5th March, 2008 T.CH. SURYA RAO, J. ........REGISTRAR To 1. The Secretary, A.P.Legislative Assembly, Hyderabad. 2. The Secretary, A.P.Legislative Council, Hyderabad. 3. The Chief Secretary, Government of Andhra Pradesh, Secretariat, Hyderabad. 4. The Secretary, Law & Legislative Affairs Department, Secretariat, Hyderabad. 6. Two copies to the Advocate General, High Court Buildings, Hyderabad (OUT). 7. Two copies to Government Pleader for General Administration, High Court Buildings, Hyderabad (OUT). 8. Two CD copies. ARS