Andhra Pradesh High Court Directs Swift Action on Legislative Member's Resignation Delay

Court Finds Year-Long Delay in Processing Resignation as Arbitrary and Violative of Constitutional Principles

In a significant ruling, the Andhra Pradesh High Court has directed the Hon'ble Chairman of the Andhra Pradesh State Legislative Council to expedite the decision-making process regarding the resignation of a legislative member, Jayamangala Venkata Ramana. The court found the prolonged delay of over a year in addressing the resignation as arbitrary, illegal, and violative of Article 14 of the Indian Constitution.

Presided over by Sri Gannamaneni Ramakrishna Prasad, J., the court addressed the writ petition filed by Venkata Ramana, who submitted his resignation on November 23, 2024, but faced inaction from the Chairman. The court underscored the necessity for constitutional functionaries to act within a reasonable timeframe, suggesting that inquiries into resignations should ideally be completed within a fortnight or up to a month.

The judgment highlighted the Wednesbury Principle of Reasonableness, emphasizing that the discretion exercised by the Chairman should not be absolute but guided by constitutional morality and fairness. The court referred to the 33rd Constitutional Amendment debates, which stressed that inquiries into the voluntariness and genuineness of resignations should be conducted promptly.

The court's decision mandates the Chairman to complete the inquiry and render a decision within four weeks, ensuring the process aligns with the constitutional principles of reasonableness and fairness. This ruling reiterates the judiciary's role in upholding constitutional values and ensuring that legislative processes adhere to principles of justice and equality.

The case also sheds light on the broader implications of delayed decision-making in legislative matters, emphasizing the need for timely and impartial actions by constitutional authorities to maintain the integrity and trust in democratic institutions.

Bottom Line:

Delay in decision-making by the Hon'ble Chairman of Andhra Pradesh State Legislative Council on a Member's resignation is deemed arbitrary, illegal, and violative of Article 14 of the Constitution of India when it exceeds reasonable time limits as discussed in the 33rd Constitutional Amendment and Parliamentary debates.

Statutory provision(s): Article 190(3)(b) of the Constitution of India, Article 14 of the Constitution of India, Rules of Procedure and Conduct of Business in the Andhra Pradesh Legislative Council, 33rd Constitutional Amendment

Jayamangala Venkata Ramana v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2817612