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2009 Supreme(AP) 45

ANIL R.DAVE, RAMESH RANGANATHAN
Mandadi Satyanarayana Reddy – Appellant
Versus
Andhra Pradesh Legislative Assembly, Hyderabad – Respondent


Advocates Appeared:
Movva Chandrashekar Rao, Ravi Shankar Jandryala, Government Pleader for Law and Legislative Affairs, J. Ramachandra Rao, V. Venkataramana, Counsel for the Appearing Parties.

ORDER :-

By way of ad-interim relief, implementation of the impugned order was suspended up to 6.2.2009 i.e., up to today. As the hearing could not be concluded, it has been prayed that the ad-interim relief granted earlier be continued.

2. In the course of hearing, learned Senior Advocate Shri Ramakrishna Reddi appearing for respondent No.2 has submitted that when the Hon'ble Speaker has disqualified any Member of a Legislative Assembly under the provisions of the Tenth Schedule of the Constitution of India, implementation of the order of disqualification should not be stayed by any Court. In support of this submission, he has relied upon the judgment delivered by the Hon'ble Supreme Court in the case of Kihito Hollohan v. Zachillhu, 1992 Supp. (2) SCC 651 and drawn our attention to Paragraphs 110 and 111 of the afore-stated judgment, which read as under :

"110. In view of the limited scope of judicial review that is available on account of the finality clause in Paragraph 6 and also having regard to the constitutional intendment and the status of the repository of the adjudicatory power i.e., Speaker/Chairman, judicial review cannot be available at a stage prior to the making of a d














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