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1995 Supreme(AP) 1011

Andhra Pradesh High Court
N.T.Rama Rao, Hyderabad - Appellant
Versus
His Excellency the Governor of A.P., Hyderabad - Respondent
Decided On : 12-22-95

P. S. MISHRA, J.

( 1 ) A dispute which parties are not ready to call inter party dispute has come to the Court in phases, first by certain persons who thought that public interest was in jeopardy with such facts which were hardly sufficient for any definite view followed by a petition by Sri G. Buchaiah Chowdhary who was a Minister in the Government headed by Sri N. T. Rama Rao and a comprehensive petition by Sri N. T. Rama Rao. They have invoked the jurisdiction of this Court under article 226 of the Constitution of India and Sri N. T. Rama Rao has, in particular, sought for a writ, order or direction more particularly a writ in the nature of mandamus for reliefs inter alia that the appointment of Sri N. Chandrababu naidu (3rd respondent) as Chief Minister by the Governor of the State (Ist respondent) is illegal and unconstitutional and that he continues to be the Chief minister.

( 2 ) SRI N. T. Rama Rao has stated on oath as follows:". . . . . . I was born in a poor agricultural family in a remote village and have known poverty. I had to earn for my education and I have completed my education with one meal a day. Due to my hard work, discipline and the god s kindness, I became an actor of repute and have acted in several hundred films in a variety of roles. My achievements in the cine-field are well known. Though I was pre-occupied with my film industry, I always did my best to help my poor countrymen especially the villagers. . . . . . . . . . . . . at the age of 60,i have renounced everything and began my life as a humble servant of the people and I founded a political party (Telugu desam Party) in the year 1982. The Telugu Desam Party has a constitution with its own ideology and objectives apart from the Rules and regulations that should govern the affairs of the party. . . . . . . There was a kind of political revolution in the State of Andhra Pradesh when people from all corners of the State have voted Telugu Desam Party into power in 1983 elections with a overwhelming majority. I have fulfilled most of the election promises and gave dean and transparent administration to the people. . . . . . . some bad elements who gained entry into Telugu Desam party with ulterior motives did not like my clean policies and their implementation and have unseated me in August 1984, but ultimately they had to bow to the anger and will of the people and I was again installed as the Chief Minister. . . . . . . in order to set at rest the doubts about the ideology of the Party and the Government, I approached the people by way of election and the people have again endorsed my Policies and voted my party into power with thumping majority in the year 1985. I have continued my efforts to propagate the idea of cleaning the political executive and made efforts in that direction at the National level also by bringing about a consensus among various political parties other man indian National Congress. My efforts in that direction have fructified into a Front called National Front and the same also has formed a Government at the Centre. . . . . . . I am continuously elected as the President of the Telugu Desam party since the formation of the Party in the year 1982. . . . . . . the President of the Party shall be elected only by "rashtra Pratinidhula Maha Sabha (State General Body)" during Mahanadu as per Article 19 read with article ll (b) of Constitution of Telugu Desam Party. . . . . . . similarly, as per article 8 of Constitution of Telugu Desam Legislature Party, the leader of telugu Desam Legislature Party shall be elected after every General election and the term of the said leader shall be coextensive with the term of me Assembly. . . . for convening of general body of Telugu Desam legislature Party, a minimum of one week notice is necessary when the assembly is not in session, as per Article 13 (b) of Constitution of Telugu desam Legislature Party. . . . since I was elected as Leader of Telugu Desam legislature Party, immediately after th



















































































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