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2019 Supreme(Telangana) 249

R.S.CHAUHAN, SHAMEEM AKTHER
K. Yadava Reddy – Appellant
Versus
Honourable Chairman, Telangana Legislative Council – Respondent


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 TR

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