ORDER :

1. The petitioner, K. Yadava Reddy, has challenged the legality of the order dated 16.01.2019, passed by the Chairman, Telangana Legislative Council (‘the Council’ for short), the respondent No. 1, whereby the petitioner was disqualified as a Member of the Council in terms of Para 2(1)(a) of the Tenth Schedule of the Constitution of India, and was declared as having ceased to be a Member of the Council (M.L.C. for short) with immediate effect.

2. Briefly, the facts of the case are that the petitioner, being a member of Telangana Rastra Samithi Party (‘TRS Party’ for short), was nominated by the party for being elected as a M.L.C. to the Council on 04.06.2015, he was elected as a M.L.C. from Nizamabad Local Bodies Constituency.

3. However, during the course of his tenure as a M.L.C. the respondents Nos. 6 and 7 submitted a disqualification petition under the Tenth Schedule of the Constitution of India, read with Rule 6 of the Members of the Telangana Legislative Council (Disqualification on ground of Defection) Rules (‘the Rules’ for short) against the petitioner. In the petition, the respondent Nos. 6 and 7 alleged that although the petitioner was elected as a Member of the TRS Party, on 14.09.2018, the petitioner went to New Delhi, and joined Indian National Congress Party (‘INC Party’ for short). Moreover, on 23.11.2018, he had attended a meeting organized by the INC Party at Medchal. At the meeting, the petitioner had met Mrs. Sonia Gandhi. Furthermore, on 07.12.2018, he canvassed on behalf of the INC Party in the pre-elections conducted for the Telangana State Legislative Assembly. Thus, he has not only indulged in anti-party activity, but has also voluntarily given up his association with the TRS Party. Hence, he should be disqualified as being a M.L.C.

4. On 18.12.2018, respondent No. 1 issued a notice to the petitioner; the petitioner was directed to submit his comments within seven days. The petitioner submitted his counter. In the counter, the petitioner pleaded that he was unanimously elected as a M.L.C. nominated by the TRS Party. Moreover, the petitioner categorically denied having gone to New Delhi on 14.09.2018. Although he admitted having attended the INC Party meeting on 23.11.2018 at Medhcal, but he claimed that he had gone to the meeting in order to thank Mrs. Sonia Gandhi, the then President of the INC Party, for the substantial role she had played in creation of the State of Telangana. According to the petitioner, it was essential for him to express his gratitude to Mrs. Sonia Gandhi, as it was her first visit to the State after the formation of the State. He further pleaded that his mere presence in the meeting of the INC Party, especially, in the light of the explanation given by him, does not amount to voluntarily giving up his membership of the TRS Party. Hence, the petitioner claims that he has neither acted against the interests of the TRS Party, nor earned any disqualification under Para 2(1)(a) of the Tenth Schedule of the Constitution of India. Lastly, he pleaded that the disqualification petition was based on newspaper clippings, media reports and videos, which were highly unreliable. He sought an opportunity of hearing, and to lead his evidence. The hearing was scheduled to be held on 11.01.2019, but was postponed till 12.01.2019. On 12.01.2019, the petitioner was represented by his counsel, who reiterated the stand taken by the petitioner in his counter. The counsel did seek an opportunity to cross-examine the reporters who had flashed the news about the petitioner having joined the INC Party. However, no such opportunity was given. Instead, by order dated 16.01.2019, as mentioned hereinabove, the respondent No. 1 declared the petitioner as disqualified from being a M.L.C. and declared that he ceases to be a M.L.C. with immediate effect. Hence, this petition before this court.

5. Mr. D. Prakash Reddy, the learned Senior Counsel appearing on behalf on Sri Sriram Polali, the learned counsel for