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1973 Supreme(AP) 40

O.CHHINNAPPA REDDY
In the matter of: A. Sreeramulu – Appellant
Versus
. – Respondent


O. CHINNAPPA REDDY, J.

( 1 ) THE petitioner is a member of the Legislative Assembly of Andhra Pradesh. In this application for the issue of a writ under Article 226 of the Constitution, he questions the validity of the proclamation of the President of India under Article 356 of the Constitution imposing what is familiarly called Presidents rule in the State of Andhra Pradesh and the Order of the President directing the Governor of the State of Andhra Pradesh to perform all the functions of the Government. The proclamation and the order were both made on 18-1-1973. The Writ Petition was filed on 9-3-1973.

( 2 ) IN his petition, the petitioner alleges that there was no circumstances whatever which could have led the President to be satisfied that a situation had arisen in which the Government of the State could not be carried on in accordance with the provisions of the Constitution. According to the petitioner the Proclamation was mala fide and obliquely motivated. The truth, according to him, was that there was a crisis in the leadership of the State Congress Legislature Party : the leader Sri P. V. Narasimha Rao had lost the confidence of the majority of members because of the parti

















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