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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ALOK ARADHE, J.Sreenivas Rao
Telangana Legislative Assembly, Rep. by its Secretary – Appellant
Versus
Alleti Maheshwar Reddy – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments against the writ petition (Para 7 , 8) |
| 3. judicial oversight and powers (Para 9 , 10 , 13 , 14) |
| 4. defense of speaker's discretion (Para 11 , 12) |
| 5. directives and powers of the speaker (Para 18 , 20) |
| 6. arguments on constitutional mandates (Para 22 , 28) |
| 7. ratio regarding decision-making by the speaker (Para 35 , 36) |
| 8. final appellate conclusion on disqualification (Para 62) |
| 9. disposal of writ appeal and order for speaker (Para 64 , 65) |
JUDGMENT :
Alok Aradhe, C.J.
Mr. A. Sudarshan Reddy, learned Advocate General for the State of Telangana appears for Mr. K.Pradeep Reddy, learned counsel for the appellant.
Mr. J.Prabhakar, learned Senior Counsel appears for Mr. R.V.Pavan Maitreya, learned counsel for respondent No.1 in W.A.No.1157 of 2024.
Mr. G.Mohan Rao, learned Senior Counsel appears for Mr. S. Santosh Kumar, learned counsel for respondent No.1 in W.A.Nos.1158 and 1160 of 2024.
Mr. Ravishankar Jandhyala, learned Senior Counsel appears for Mr. Thoom Srinivas, learned counsel for respondent No.5 in W.A.No.1157 of 2024.
Mr. P.Sri Raghu Ram, learned Senior Counsel appears for Mr. P.Sri Ram, learned counsel fo
The Speaker has the exclusive authority to decide disqualification petitions under the Tenth Schedule, and must act within a reasonable time to uphold constitutional mandates.
The Speaker must decide disqualification petitions within three months to uphold constitutional objectives and prevent political defections.
Judicial review is permissible in disqualification matters, and the Speaker must decide petitions within a reasonable timeframe to uphold democratic principles.
Point of law: Election - Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
(1) Political imbroglio in State Legislature of Maharashtra – Supreme Court cannot ordinarily adjudicate petitions for disqualification under Tenth Schedule in first instance. There are no extraordin....
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