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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
Sri Komati Reddy Venkat Reddy and another – Petitioners
Versus
The State of Telangana, Law and Legislature Department, Secretariat Buildings, Hyderabad and others – Respondents
Writ Petition No.8812 of 2018
Decided On : 17-04-2018
Constitution of India, 1950 - Article 175 & 176 - Rules 17, 17-A, 340 of Rules - Telangana Legislative Assembly - Violation of principles of natural justice - Writ of Mandamus – Notification - Expulsion proceedings – Seeking to issue order or direction, declaring action of respondent No.2 in expelling the petitioners 1 and 2 from the service of the House by a resolution dated 13.03.2018 and issuing the Extra-ordinary Gazette in C.No.26/Legn/2018 notifying Vacancy of no.92-Nalgonda Assembly Constituency, Telangana State for 1st petitioner; and C.No.27/Legn/2018 notifying Vacancy of no.80-Alampur (SC) Assembly Constituency, Telangana State for 2nd petitioner as illegal, arbitrary, without any source of power and jurisdiction and in utter violation of principles of natural justice and in derogation of Rule 17 of the Procedure and Conduct of Business in Telangana Legislative Assembly and ultra vires the Constitutional Provisions in Article 175 & 176 of the Constitution of India and consequentially suspend the Extra-ordinary Gazette - Held, As it is said due process of law though not in so many words reflecting from the Constitution Bench expression in special reference No.1 of 1964 supra, Supreme Court in its advisory jurisdiction, thus ruled that the quasi-Judicial/Judicial action by the Legislature imposing a punishment must be in conformity with the safeguards of due process where the liberty of citizen is in jeopardy and that whether the liberty has been infringed illegally or not, can also be gone into by the Constitutional Courts. Such Courts when they exercise jurisdiction in entertaining an application or in setting aside a penal action imposed by a legislative body, could not be held to be incompetent - It is needless to say whenever the power was exercised arbitrarily, malafide or in absolute disregard of the finer canons of Constitutionalism, by whomsoever it might be including one of the important wings that is Legislature in claim of its powers and privileges including under Article 194(3) of Constitution, by-product order of expulsion and the consequential notification of vacancy thereby cannot get approval of law and in for Judicial hand must be and constrained to be stretched to it - It is crystal clear that the due process of law and opportunity of hearing must be mandatory that were abdicated in case on hand by neither given notice or opportunity to explain nor supplied any documents or other material including the motion moved for expulsion and discussion undertaken if any and as to on what material facts and with what proof with reference to alleged happenings much less by supply of the original video footages of both day’s despite sought for by Ex.P1(c)-notice and the writ petition averments show even wanted to know and explain unheeded and not allowed, which is a clear violation of the principles of natural justice and fundamental rights to set aside very expulsion proceedings covered by Ex.P7-resolution and the consequential notification covered by Ex.P1(a & b) - Writ Petition is allowed.
This writ petition is filed by the two petitioners’ viz., (1) Komati Reddy Venkat Reddy and (2) S.A.Sampath Kumar against the three respondents viz., (1) the State of Telangana, Law and Legislature Department, Hyderabad, (2) the Legislative Secretariat of the State of Telangana rep. by its Secretary, Legislative Assembly Buildings and (3) The Election Commission of India rep. by the Chief Election Commissioner.
2. The prayer in the writ petition reads as follows:
“…..to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in expelling the petitioners 1 and 2 from the service of the House by a resolution dated 13.03.2018 and issuing the Extra-ordinary Gazette in C.No.26/Legn/2018 dated.13.03.2018, notifying Vacancy of no.92-Nalgonda Assembly Constituency, Telangana State for 1st petitioner; and C.No.27/Legn/2018 dated.13.03.2018 notifying Vacancy of no.80-Alampur (SC) Assembly Constituency, Telangana State for 2nd petitioner as illegal, arbitrary, without any source of power and jurisdiction and in utter violation of principles of natural justice and in derogation of Rule 17 of the Procedure and Conduct of Business in the Telangana Legislative Assembly and ultra vires the Constitutional Provisions in Article 175 & 176 of the Constitution of India and consequentially suspend the Extra-ordinary Gazette in C.No.26/Legn/2018 dated 13.03.2018 notifying Vacancy of no.92-Nalgonda Assembly Constituency, Telangana State for 1st petitioner and C.No.27/Legn/2018 dated 13.03.2018 notifying Vacancy of no.80- Alampur (SC) Assembly Constituency, Telangana State for the second petitioner issued by the 2nd respondent and consequentially direct the 3rd respondent not to issue notification/schedule or hold bye-elections for filling the seats to the 92-Nalgonda Assembly Constituency and 80-Alampur Assembly Constituency of The State of Telangana pursuant to the vacancy announced by the 2nd respondent pending the writ petition and consequentially direct the 2nd respondent to produce the video footage before this Hon’ble Court that establishes the injury caused by throwing of the ear phone on the face of the Chairman of the Legislative Council by the 1st petitioner on 12.03.2018 during Pre Budget Speech of the Hon’ble Governor and pass such other order or orders as this Hon’ble Court deem fit and proper in the circumstances of the case.
3. It is from the supporting affidavit of the 1st petitioner supra further to the above stated on behalf of both the petitioners, that the petitioners who are members of the Indian National Congress Legislature Party in the Telangana Legislative Assembly, having been elected in 2014 are fighting relentlessly against the anti people policies and the practice of the ruling Telangana Rashtra Samithi Government and from their mounting pressure on the Government through debates, open challenges and struggles; they have become victims of personal vendetta of the Hon’ble Chief Minister of the State of Telangana and his associates and a result of which they have become target for the Government of Telangana. Unable to bear with the petitioners’ on slot on the anti people policies and practices of the present Government, the Hon’ble Chief Minister of Telangana, openly proclaimed that the petitioners will not be allowed to attend the house in future.
4. While the matter stood thus, before commencement of the Budget session for the year 2018-19 for the Telangana State, as a constitutional mandate, on 12.03.2018 the Hon’ble Governor has addressed the members of Legislative Assembly as well as Legislative Council of Telangana Legislature. To the surprise of the petitioners, on 13.03.2018, the Minister for Legislature has moved a resolution to expel the petitioners for interrupting the Governor’s address on the previous day i.e., 12.03.2018 and a motion has been carried out and the Extra-ordinary Gazette in C.Nos.26 & 27/Legn/2018 dated.13.03.2018 no
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