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1950 Supreme(Mad) 142

GOVINDA MENON, KRISHNASWAMI NAYUDU


A. Ramachandran for Messrs. Row and Reddy, Advocates for Petitioner.
The Government Prosecutor S. Govind Swaminathan for the Public Prosecutor (V.L. Ethiraj) on behalf of the State.

Govinda Menon, J.-Sri Pillalamarri Venkateswarlu, M.L.A., was a member of the Madras Legislative Assembly constituted under the Government of India Act, 1935, having been elected to that body, by the general labour constituency of the districts of Krishna, Guntur and West Godavari in the General Elections held in or about March, 1946. He continued to represent this constituency in the Madras Legislature until he was arrested in pursuance of an order issued under the provisions of the Madras Maintenance of Public Order Act. He was arrested on 7th November, 1948, subsequent to the declaration as illegal, of the communist party, of which he was avowedly an active member. Since that date, it is stated by him in his affidavit, that he has been in illegal detention in the Central Jail at Cuddalore.

By Article 382 of the Indian Constitution until the Houses of the Legislature of each State specified in Part A of the first schedule have been duly constituted and summoned to meet for the first session under the provisions of the Constitution the Houses of the Legislature of the corresponding Province functioning immediately before the commencement of the Constitution shall exercise the power





































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