SC gives Telangana speaker 3 months to decide on disqualification of MLAs who defected to Congress
The Bharat Rashtra Samithi had appealed to Speaker Gaddam Prasad Kumar to disqualify the 10 MLAs in March-April 2024.
A bench of Chief Justice of India BR Gavai and Justice AG Masih noted that the speaker had not even issued a notice on the disqualification petitions for nearly seven months. The court pointed out that Kumar could not keep the petitions pending for the term of the Assembly, as the delay would benefit the defectors.
The speaker is expected to act in an 'expeditious manner' in such matters, said the bench, adding that a delay in handling the petitions would defeat the purpose of the tenth schedule of the Constitution.
The tenth schedule states that a member of the House shall be disqualified if, after getting elected, they give up the membership of their party or join another political party.
The court also pointed out that the role of the speaker is not immune to judicial review, Live Law reported.
If political defections are not curbed, it has the potential to disrupt democracy, Bar and Bench quoted the court as saying.
The bench also set aside a Telangana High Court ruling that courts cannot impose a time limit on the speaker to decide on disqualifications.
In September, a single judge of the High Court had ordered the speaker's office to fix a schedule within four weeks to hear disqualification petitions against the ten MLAs. However, this order was overturned in November by a division bench, which said the speaker should act within a 'reasonable time' without setting a specific deadline.
The Bharat Rashtra Samithi, which is the main Opposition party in the Telangana Assembly, challenged the decision in the Supreme Court in January.
Those who had defected to Congress after winning from a Bharat Rashtra Samithi ticket in the 2023 Telangana Assembly elections are: Danam Nagender, Kadiyam Srihari, Tellam Venkat Rao, Pocharam Srinivas Reddy, Kale Yadaiah, M Sanjay Kumar, Krishnamohan Reddy, Mahipal Reddy, Prakash Goud and Arekapudi Gandhi.
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