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REGISTERED No. D. (D.)72 The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 169] NEW DELHI, TUESDAY, APRIL 29,1980/VAISAKHA 9,1902

Separate paging is given to this Part in order that it may be filed as a separate compilation

(665)

100 GI/80

J⁶⁶ ___ _____ ™E GAZETTE OFJNDIA : EXTRAORDINARY r P A RT „_____,, 3 ( i j )1

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

NOTIFICATION

New Delhi, the 29th April, 1980

S.O. 282(E).—The following Order made by the PreBident

is published for general information :—

ORDER

Whereas Dr. T. K. Kothandaram, Convener, Dalithajathi Sangavsha Samithi, Hyderabad submitted eleven different Peti- tions in February, 1979 and April 1979 to the President against

6674. Shri K. Rosaiah, MLC 5. Shri Saifulla Baig, MLA the following sitting members of the Andhra Pradesh Stale Legislative Assembly or the Andhra Pradesh State Legislative Council, as indicated against their names: A 6. Shri Kona Prabhakara Rao, MLA 1. Shri V. Venkat Reddy, MLC 2. Shri Vedantha Rao. MLA 3. Shri Anantha Reddy, MLA 4. Shri K. Rosaiah, MLC 5. Shri Saifulla Baig, MLA 6. Shri Kona Prabhakara Rao, MLA 7. Shri G. Eswar, MLA 8. Shri Appa Rao, MLA 9. Shri P. Govcrdhan Reddy, MLA

10. Shri P. Sundaraiah, MLA 11. Shri S. Ramadass, MLA 12. Shri B. Shiv Pershad, MLA 13. Shri B. Machender, MLA 14. Shri Sultan Salahuddin Owalsi, MLA 15. Shri Amar Singh, MLC 16. Shri G. Prakasa Rao, MLA and 17. Shri R. M. Manohar, MLA

alleging that:

(i) the members at serial Nos. 1 to 15 above had become subject to the disqualification for being members of that Legislature in terms of article 19(I)(a) of the Constitution; and

(i) the members at serial Nos. 16 and 17 above have been elected from the constituencies reserved for the Sche- duled Castes and Scheduled Tribes respectively though they did not belong to a Scheduled Caste/Scheduled Tribe.

And whereas the President had made a reference to the Election Commission under article 192(2) of the Constitution for the opinion of the Commission on the question whether the aforesaid persons had become subject to such disquali- fication ;

And whereas the Election Commission is of the opinion (vide Annexure) that by reason of the amendment of the proviaions of article 192(1) of the Constitution by section 25 of the Constitution (Forty-fourth Amendment) Act, 1978, the President has no jurisdiction to give a decision on the said question and that the said reference has become infructuous and has, therefore, returned the said reference to the Presidnt;

Now, therefore, I, Neeiam Sanjiva Reddy, President of India, do hereby return the said petitions to tb,e Petitioner above mentioned.

NEELAM SANJIVA REDDY President of India

Rashtrapati Bhavan, New Delhi, The 24th April, 1980.

7. Shri G. Eswar, MLA

8. Shri Appa Rao, MLA

9. Shri P. Goverdhan Reddy, MLA

10. Shri P. Sundaraiah, MLA

11. Shri G. Prakasa Rao, MLA

12. Shri S. Ramadass, MLA

13. Shri B. Shiv Pershad, MLA

14. Shri B. Machender, MLA

15. Shri Sultan Salahuddin Qwaisi, MLA

16. Shri Amar Singh, MLC and

17. Shri R. M. Manohur, MLA

The question of the alleged disqualification of the above sitting members of the Andhra Pradesh State Legislature was raised before the President in eleven (11) different petitions filed in February, 1979 and April, 1979 by Dr. T. K. Kothan- daram, Convenor, Dalithajathi Sangarsha Samithi, Hyderabad.

The principal ground on which the question of the alleged disqualification has been raised is that all the above sitting members of the Andhra Pradesh State Legislature (except Shri G. Prakasa Rao, MLA and Shri R, M. Manohar, MLA men- tioned at Sl. Nos. 11 and 17 above) have been holding some office of profit or other under the Government of Andhra Pradesh within the meaning of article 191(l)(a) of the Consti- tution by virtue of their appointment as Chairman/Member of the Board of Directors etc. of various Corporations and Bodies constituted or set up by the Government of Andhra Pradesh. In the cases of S/Shri G. Prakasa Rao and R. M. "Manohar, MLAs, it was alleged that they got themselves elected from the constituencies reserved for the Scheduled Tribes and the Scheduled Castes respectively though they did not belong to a Scheduled Tribe/Scheduled Caste.

ANNEXURE

ELECTION COMMISSION OF INDIA

BEFORE THE ELECTION COMMISSION OF INDTA

In R e: References from the President of India under article 192(2) of the Constitution of India regarding the alleged disqualification of certain sitting members of both Houses of the Andhra Pradesh State Legislature.

OPINION

The present reference cases from the President of India under article 192(2) of the Constitution relate to the alleged disqualification of the following sitting members of both Houses of the Andhra Pradesh State Legislature:—

The particulars furnished in the 11 petitions referred to above regarding the alleged disqualification of the above-men- tioned MLAs/MLCs were not sufficient for the Commission to make further enquiries into the matter. In fact, the parti- culars in respect of Shri Venkat Reddy (mentioned at Sl. No. 1 above) were wrongly furnished in the original petition of Dr. Kothandaram as a result of which the Commission was placed in an embarrassing situation in that it issued a notice to a wrong person which had to be withdrawn by it with an expression of regret. Therefore, the Commission issued formal notices to Dr. Kothandaram in all the above petitions to fur- nish all relevant particulars and to file all necessary docu- ments in support of his allegations. He was also asked to express his regrets for furnishing wronn particulars in the case of Shri Venkat Reddy, as mentioned above. Nothing has since been heard from Dr. Kolhandaram, nor has he cared to res- pond to any of the above-referred notices despite reminders. In the circumstances state above, the Commission c.innot re- frain from recording its displeasure over the irresponsible and reckless manner in which the petitioner Dr. Kothandaram has filed the present petitions Dr. Kothandarum is guilty of abuse of legal process.

1. Shri V. Venkat Reddy, MLC 2. Shri Vedantha Rao, MLA Apart from the non-prosecution of the petitions by the petitioners as aforesaid, there has been, in the meanwhile, a material change in the provisions of article 192(2) of the Constitution under which the present petitions purport to have been made. Article 192 of the Constitution has been ameuded by section 25 of the Constitution (Forthy-fourth Amendment) 3. Shri Anantha Reddy, MLA 668 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-5ec. 3(iiVJ

Act, 1978, w.e.f. 20-6-1979. Under the amended provision* e-f article 192, any question relating to the disqualification of a sitting member of u House of the Legislature of a State is required to be raised before the Governor and the President has no longer any jurisdiction to decide such a qncwlion.

Having regard to the above Constitutional petition, the Commission on the 19th December, 1979 gave a further notice to Dr. Kothandaram to show cause why the said references should not be returned to the President as having become infructuous. He was also told that in case no reply was received from him by tho 10th January, 1980 it would be assumed that he agreed with the utxrve legal position. Again, no com- munication has been received from Dr. Kothanduram in this connection.

In view of the change in the Constitutional position men- tioned above, I am of the opinion, and accordingly hold, that all the above mentioned references made by the President should be returned to him as those references have become infructuous. Consequently, the above references arc returned herewith to the President with the above opinion.

New Delhi,

January 19, 1980.

S. L. SHAKDHER, Chief Election Commisaioner of India

[No. F. 7(14)/80-Leg.H] R. V. S. PERI SASTRI, Secy.