IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.24850 OF 2014 DATED: 11-12-2014 Between:
Majji Chandramouli … Petitioner And Government of Andhra Pradesh rep. by its Secretary, Panchayat Raj & Rural Development Department and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.24850 OF 2014
ORDER: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition is taken up for hearing finally.
By this writ petition, the petitioner has challenged the order of disqualification dated 20th August, 2014 passed by the third respondent on the ground of defying the whip given by the party leader. It appears from the record that the Presiding Officer issued a show-cause before passing the order and the writ petitioner submitted his explanation in writing in answer to the show-cause. In para 4 of the explanation, it has been specifically stated by the writ petitioner as follows:
“It is false to say that M.Gowrisankara Rao was appointed as whip by the Y.S.R.C.P state president, because he is not a member of the Y.S.R.C.P. party, he is no way concerned with the activity of our party nor with the process of making choice of our party. candidature for the MPP and viCe MPP Election of our mandal. M.Gowrisankara Rao is not even member of our party and I do not know who is he even our kurupam MLA smt.Pushpa srivani and our dist party president did not inform me about the whip and not to attend to the election of Mandal Praja parishad president and vice president. I am only M.P.T.C. number Elected from Y.S.R.C.P Party So no person can issue any whip to me. M.Gowrisankara Rao should be appointed as a whip for Y.S.R.C.P, He was not given any authority by Y.S.R.C.P Party with seal and signature of the state Y.S.R.C.P. state President. I was not served any such communication either by state party or mandal convener of the Y.S.R.C.P Party Prior to the Mandal Praja Parishad president election,The elecation officer also did not inform me that so and so person issued a whip on be half of Y.S.R.C.P Party and it should be honoured. Therefore M.Gowrisankara Rao has no locus standee to issue whip to me. All the fiction of false complaint was reported to your office by said M.Gowrisankara Rao to get the show cause notice under reference issued and the same is only after thought under deep rooted conspiracy of our enemies.”
Thereafter, the Presiding Officer proceeded to decide the matter. While doing so, he has noted the said contention of the writ petitioner. However, he has not given any finding on the same. According to us, the aforesaid issue was not dealt with before passing the order of disqualification. Learned counsel for the unofficial respondent made an effort to convince us that if the order is read carefully, it would appear that a decision was rendered on the said issue. Despite our best effort, we could not find any decision thereon in the impugned order. Nothing has been spoken about whether the aforesaid contention of the writ petitioner is acceptable or unacceptable. We therefore conclude that the decision making process is absolutely invalid if not in violation of the principles of natural justice. A person who is condemned must be told why he has been condemned and this principle is not followed. We accordingly set aside the order of disqualification. We direct the third respondent Presiding Officer to decide the matter with regard to the aforesaid contention of the writ petitioner on fact and/or in law within a period of fifteen days from the date of communication of this order.
The writ petition is accordingly allowed. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 11-12-2014 Svv