Acting Chief Justice

1. In this Writ Petition filed as Public Interest Litigation, the petitioner, who claims to be Convener of Forum for Social Audit Council on Information Right and actively campaigning on issues of public importance challenges the validity of the Notification issued by the State Government in G.O.Ms.No.280, General Administration (Elecs. F) Department dated 28.5.2011, whereby, the Governor of the State, in exercise of the powers conferred by sub-clause (e) of Clause (3) of Article 171 of the Constitution of India, read with Clause (5) thereof, has nominated respondents 4 to 8 as members to the Andhra Pradesh Legislative Council, and, seeks a writ of mandamus declaring the nominations of respondents 4 to 8 as Members of A.P. legislative Council as arbitrary, illegal, mala fide, colourable exercise of power, unconstitutional and ultra vires Article 171(3)(e) and (5) of the Constitution of India and to set aside the same.

2. By the afore-stated notification, while 1. Sri A. Chakrapani, Kurnool, Ex-Chairman, A.P. Legislative Council, 2. Sri D. Rajeswara Rao, Ex-MLC, Nizamabad District, 3. Sri R. Reddeppa Reddy, Ex-MLC, Chittoor District and 4. Sri Farooq Hussain, Medak District were appointed as members to the Legislative Council in place of four members retired on 29.3.2011, Smt. Angoori Laxmi Shiva Kumari, East Godavari District, was appointed as member of the Legislative Council in place of Dr. K. Rajyalakshmi who expired on 2.3.2011 and whose term expires by 29.3.2011.

3. The Government of Andhra Pradesh, Andhra Pradesh Legislative Council, Sri N. Kiran Kumar Reddy, and Chief Minister are impleaded as Respondents 1 to 3 respectively and the five persons nominated as members to the Legislative Council by the impugned notification are impleaded as respondents 4 to 8 respectively.

4. The case of the petitioner is that under Clause (5) of Article 171 of the Constitution of India, the members to be nominated by the Governor under sub-clause (e) of Clause (3) of Article 171 shall consist of persons having special knowledge or practical experience in respect of such matters, namely, Literature, Science, Art, Co-operative Movement and Social Service, but the Hon’ble Governor in total disregard of the said provision has nominated respondents 4 to 8 as members of the Council. The information obtained by him under the Right to Information Act revealed that the respondents 4 to 8 do not possess any special knowledge or practical experience in Literature, Science, Art, Cooperative Movement and Social Service or any of them, thus, they are not qualified or eligible for nomination to the Legislative Council under Article 171(3)(e) and Clause (5) of the Constitution of India.

5. The Council of Ministers in its meeting held on 22nd March, 2011 passed a resolution authorizing the Chief Minister to recommend suitable names to Hon’ble Governor and thereafter on 28.3.2011 the Chief Minister proposed the names of the respondents 4 to 8 for nomination to the Legislative Council and the Hon’ble Governor approved the same on the same date and thereafter the impugned notification was issued. Petitioner states that the entire file including the note file relating to the nomination of respondents 4 to 8 to Andhra Pradesh Legislative Council by the Hon’ble Governor under Article 171 (3)(e) was inspected under Right to Information Act, 2005 and copies of the relevant documents obtained thereof does not disclose the basis for selection and recommendation of names of respondents 4 to 8 by the 3rd respondent and their nomination by the Hon’ble Governor from among several applicants. The basis for nomination of the respondent Nos.4 to 8 to the Legislative Council under Clause (5) is without any material before the Government. The provision relating to the nomination to the Legislative Council by the Hon’ble Governor is meant to ensure that the persons who are having special knowledge or practical experience in the fields mentioned