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R.S.CHAUHAN, SHAMEEM AKTHER
R. Bhoopathi Reddy – Appellant
Versus
Chairman, Telangana State Legislative Council, Hyderabad – Respondent
ORDER :
RAGHVENDRA SINGH CHAUHAN, J.
1. The petitioner, Mr. R. Bhoopathi 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 declared as disqualified as a Member of the Council, in terms of Para 2(1)(a) of the Tenth Schedule of the Constitution of India, and has been declared “to cease to be a Member of the Telangana Legislative Council (‘M.L.C.’, for short) with immediate effect”.
2. Briefly, the facts of the case are that the petitioner had contested the biennial elections held on 12.12.2015, for the Council, from the constituency of Nizamabad Local Authorities. In the said election, he was declared as having been unanimously elected to the Council. However, during the course of his tenure, as a M.L.C., the respondents Nos. 3 and 4 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.
3. In the petition, the respondent Nos. 3 and 4 alleged
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