THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI + WRIT PETITION Nos.180 and 181 of 2024 % Date:07.03.2024 # Dr. Dasoju Sravan Kumar … Petitioner vs.

$ The Secretary to Her Excellency, The Hon’ble Governor, State of Telangana, Raj Bhavan, Hyderabad, and others.

… Respondents ! Counsel for the petitioner in W.P.No.180 of 2024 :

Dr. Aditya Sondhi, learned Senior Counsel representing Mr. V.Murali Manohar ! Counsel for the petitioner in W.P.No.181 of 2024 :

Mr. B.Mayur Reddy, learned Senior Counsel representing Ms. V.Dyumani ^ Counsel for the respondent No.1 :

Mr. S.Ashok Anand Kumar, learned Senior Counsel representing Mr. L.Aravind Reddy ^ Counsel for the respondents No.2 and 3:

Mr. A.Sudarshan Reddy, learned Advocate General ^ Counsel for the respondents No.4 and 5:

Mr. Avinash Desai, learned Senior Counsel representing Mr. Kopal Sharraf < GIST:

 HEAD NOTE:

? CASES REFERRED:

1. (2006) 2 SCC 1 2. (2016) 8 SCC 1

3. (2001) 7 SCC 231

4. AIR 1962 All 301 = 1961 SCC OnLine All 16

5. 2012 (6) ALD 435 DB : 2012 SCC OnLine AP 286

6. 2012 SCC OnLine Del 6310

7. 2021 SCC OnLine Bom 1806

8. (1974) 2 SCC 831

9. (2005) 2 SCC 92

10. Manu/SC/1277/2023

11. AIR 1961 SC 493 12. AIR 1963 SC 395 13. (1986) 4 SCC 632 14. (2003) 5 SCC 134 15. (2010) 2 SCC 637

16. 2023 SCC OnLine SC 607

17. AIR 1966 SC 828

18. 2023 SCC OnLine SC 1140

19. (2012) 11 SCC 321 20. (2011) 14 SCC 770

21. 2010 SCC OnLine All 573

22. (2010) 6 SCC 331

23. AIR 1952 Nag 330 = 1950 SCC OnLine MP 67

24. (2013) 3 SCC 1

25. (1976) 1 SCC 671 26. (1993) 3 SCC 499 27. (2006) 8 SCC 381 THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION Nos.180 AND 181 OF 2024 COMMON ORDER: (Per the Hon’ble the Chief Justice Alok Aradhe)

(i) INTRODUCTION:

The State Legislature in Telangana is bicameral in nature. It has two Houses of Legislature, namely Legislative Assembly and Legislative Council. The Andhra Pradesh Legislative Council Act, 2005, was enacted to provide for the creation of Legislative Council for the erstwhile State of Andhra Pradesh and for matters supplemental, incidental and consequential thereto. Section 3 of the said Act provided for creation of Legislative Council for the erstwhile State of Andhra Pradesh. The erstwhile State of Andhra Pradesh was bifurcated into two successor States, namely the State of Telangana and the State of Andhra Pradesh. Section 22 of the Andhra Pradesh Reorganisation Act, 2014, provides that there shall be a Legislative Council for the successor States. Section 23 of the Reorganisation Act, 2014, provides that there shall be 40 seats in the Legislative Council for the State of Telangana. Out of the aforesaid 40 seats, six are to be filled up by the Governor under Article 171(3) read with Article 171(5) and (6) of the Constitution of India.

2. The core issue involved in these writ petitions is about the scope and power of the Governor under Article 171(5) of the Constitution of India to make nominations for the Legislative Council of State of Telangana. In order to appreciate the grievance of the petitioners, relevant facts which lie in narrow compass need mention which are stated infra.

(ii) FACTS:

3. The petitioner in W.P.No.180 of 2024 has LL.B., degree and also has secured two Masters’ Degrees namely, Master of Arts with Specialization in Linguistics and Master of Business Administration. He has also worked as Project Associate with Administrative Staff College of India, wherein he was associated with internationally funded research projects. The petitioner has also served as Senior Assistant Professor in Human Resources Management with the Premier Institute of Public Enterprise, Hyderabad and was awarded Doctorate degree in “Organizational Behavior” from Osmania University. He has also served as Director of Human Resource Development with M/s.Ceeyes Software Technologies Private Limited, and was also associated with M/s.Sierra Atlantic Inc as Associate Director. The petitioner has also ser