JAYAMANGALA VENKATA RAMANA vs THE STATE OF ANDHRA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(AP) 22479

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
WRIT PETITION NO: 21941 OF 2025 Between:
1. JAYAMANGALA VENKATA RAMANA, , S/O BRAHMAIAH, AGED ABOUT 50 YEARS, R/O CHINNAKOTTADA, KAIKALURU MANDAL ELURU DISTRICT, ANDHRA PRADESH ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT, OF LAW AND LEGISLATIVE AFFAIRS, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH
2. THE ANDHRA PRADESH LEGISLATIVE COUNCIL, REP BY ITS SECRETARY,ANDHRA PRADESH LEGISLATURE, VELAGAPUDI, AMARAVATI
3. THE HONBLE CHAIRMAN, , ANDHRA PRADESH LEGISLATIVE COUNCIL VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH ...RESPONDENT(S):
DATE OF JUDGMENT PRONOUNCED: 27.11.2025 SUBMITTED FOR APPROVAL:
THE HON’BLE SRI JUSTICE G. RAMAKRISHNA PRASAD
11. Whether Reporters of Local Newspapers may be allowed to see the judgment? Yes / No
22. Whether the copies of judgment may be marked to Law Reporters / Journals? Yes / No
33. Whether His Lordship wish to see the fair copy of the Judgment? Yes / No ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J * THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD + WRIT PETITION No.21941 of 2025 % 27.11.2025
1. JAYAMANGALA VENKATA RAMANA, , S/O BRAHMAIAH, AGED ABOUT 50 YEARS, R/O CHINNAKOTTADA, KAIKALURU MANDAL ELURU DISTRICT, ANDHRA PRADESH ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT, OF LAW AND LEGISLATIVE AFFAIRS, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH
2. THE ANDHRA PRADESH LEGISLATIVE COUNCIL, REP BY ITS SECRETARY,ANDHRA PRADESH LEGISLATURE, VELAGAPUDI, AMARAVATI
3. THE HONBLE CHAIRMAN, , ANDHRA PRADESH LEGISLATIVE COUNCIL VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH ...RESPONDENT(S):
! Counsel for : Sri K. Ajay Kumar, learned Counsel Petitioner/s appearing on behalf of Sri N. Ashwani Kumar, learned Counsel for the Writ Petitioner.
^ Counsel for : Sri Dammalapati Srinivas, learned Respondent/s Advocate General for the Respondent No.1, Sri R. Satish Babu, learned Counsel appearing on behalf of Sri G. SubbaRao, learned Counsel for the Respondent No.2 and Sri S. Niranjan Reddy, learned Senior Counsel appearing through online, assisted by Sri V. Venkata Saketh Roy, learned Counsel for the Respondent No.3.
Gist:
> Head Note:
44. ? Cases referred: 1) (2020) 2 SCC 595
2) 2024 SCC OnLine HP 2497
3) (2019) 7 SCC 463
4) (2020) 17 SCC 1
5) (2025) 8 SCC 1
6) (1978) 1 SCC 405
7) (1890) 24 QBD 371
8) (1980) 4 SCC 544
9) (1975) 2 SCC 81
10) (1981) 1 SCC 107
11) (2006) 10 SCC 1
12) 2019 SCC OnLine Jhar 473
13) (1991) 3 SCC 91
14) (2014) 9 SCC 1
15) (1977) 3 SCC 592 16) (2018) 8 SCC 501 17) (1965) 1 SCR 413 18) (2024) 5 SCC 629 19) 1963 (2) SCR 197
20) Principles of Administrative Law by M.P. Jain, 6^th Edition, 2007
21) Advanced Law Lexicon by Sri P. Ramanatha Aiyar, 3^rd Edition, 2005
22) H.W.R. Wade on Administrative Law, 11^th Edition Judgment reserved on 22.09.2025 Judgment pronounced on 27.11.2025 Judgment uploaded on 27.11.2025 APHC010426242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]
(Special Original Jurisdiction)
THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21941 OF 2025 Between:
1. J AYAMANGALA VENKATA RAMANA, , S/O BRAHMAIAH, AGED ABOUT 50 YEARS, R/O CHINNAKOTTADA, KAIKALURU MANDAL ELURU DISTRICT, ANDHRA PRADESH ...PETITIONER AND
1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT, OF LAW AND LEGISLATIVE AFFAIRS, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH
2. T HE ANDHRA PRADESH LEGISLATIVE COUNCIL, REP BY ITS SECRETARY,ANDHRA PRADESH LEGISLATURE, VELAGAPUDI, AMARAVATI
3. T HE HONBLE CHAIRMAN, , ANDHRA PRADESH LEGISLATIVE COUNCIL VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH ...RESPONDENT(S):
Counsel for the Petitioner:
1. N ASHWANI KUMAR Counsel for the Respondent(S):
1. THE ADVOCATE GENERAL
2. VENKATA SAKETH ROY VYDYULA

The Court made the following ORDER:

Heard Sri K. Ajay Kumar, learned Counsel appearing on behalf of Sri N. Ashwani Kumar, learned Counsel for the Writ Petitioner; Sri Dammalapati Srinivas, learned Advocate General for the Respondent No.1, Sri R. Satish Babu, learned Counsel appearing on behalf of Sri G. SubbaRao, learned Counsel for the Respondent No.2 and Sri S. Niranjan Reddy, learned Senior Counsel appearing through online, assisted by Sri V. Venkata Saketh Roy, learned Counsel for the Respondent No.3.

2. The prayer sought in the present Writ Petition is as under:

"For the reasons stated above, it is prayed that this Hon‘ble Court may be pleased to issue Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of Respondent No.3 - the Hon‘ble Chairman, Andhra Pradesh Legislative Council in failing to act upon and failing to either accept or reject the Resignation dated 23.11.2024 submitted by the Petitioner, as illegal, arbitrary, violative of Article 190(3)(b) of the Constitution of India and Rule 186 of the Rules of Procedure and Conduct of Business in the Andhra Pradesh Legislative Assembly, and in violation of principles of natural justice, and Consequently direct the Respondent No.3 to forthwith consider the said resignation dated 23.11.2024 in accordance with law and pass appropriate orders as this Hon‘ble Court deems fit and proper to the circumstances of the case.

3. FACTS OF THE CASE

The facts emanating from the present Writ Petition, which are also submitted by the Ld. Counsel for the Writ Petitioner, are that the Writ Petitioner has served as an Executive Secretary under Telugu Desam Party (in short T.D.P) since the year 2005 and had also been elected as a „Member‟ of Kaikalur Zilla Praja Parishad Territorial Constituency. Prior to the Writ Petitioner coming into public service, he was an Aqua Culture farmer and the Petitioner‟s livelihood was dependent on it. He came into politics since the year 1999. It is further submitted that the Petitioner contested in the General Elections in the year 2009 and was elected as M.L.A from Kaikalur Assembly Constituency. The Petitioner has lost his election in the year 2019 with a slender margin of 4% of votes as against the candidate belonging to Yuvajana Sramkina Raithu Congress Party (hereinafter referred to as YSRCP). It is further submitted that the Writ Petitioner has joined in the YSRCP and was elected as „Member‟ to the Andhra Pradesh State Legislative Council on 23.03.2023 (Ex.P.2).

4. Subsequently, the Writ Petitioner had submitted his Resignation on 23.11.2024 (Ex.P.1) as he did not want to continue as „Member‟ of Andhra Pradesh State Legislative Council. The Writ Petitioner would contend against the inaction on the part of the Hon‟ble Chairman of the Andhra Pradesh State Legislative Council in rendering a decision despite the fact that the resignation was submitted by the Writ Petitioner way-back on 23.11.2024.

SUBMISSIONS OF THE LD. COUNSEL FOR THE WRIT PETITIONER

5. Sri K. Ajay Kumar, learned Counsel for the Writ Petitioner has drawn the attention of this Court to Article 190 of the Constitution of India and Rule 190 in Chapter-XXII of the Rules of Procedure and Conduct of Business in the Andhra Pradesh Legislative Council (hereinafter referred to as „Council Rules‟) (Writ Petitioner has wrongly referred to Rule 186 of the A.P State Assembly Rules, while he had to refer to Rule 190 of the A.P State Legislative Council Rules. However, for the sake of convenience, Rule 190 of the A.P. State Legislative Council Rules are referred by the Court). As the discussion would revolve around Article 190 of the Constitution of India and Rule 190 of the Council Rules, the said provisions are usefully extracted hereunder:

“Article 190. Vacation of seats.—(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both

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