Supreme Court sets 3-month clock for Telangana Speaker to act on defecting MLAs

India Today

2 days ago

The Supreme Court on Thursday directed the Speaker of the Telangana Legislative Assembly to decide within three months on disqualification petitions against ten BRS MLAs who joined the ruling Congress party after the 2023 Assembly elections.The case stems from a delay of over seven months in acting on disqualification pleas, prompting the Court to step in. The top court warned that leaving such cases unresolved defeats the very purpose of the anti-defection law, famously observing: 'Operation successful, patient dead.'advertisementThe case comes after some MLAs, nicluding Tellam Venkata Rao, Kadiyam Srihari, and Danam Nagender, were elected on BRS tickets but later shifted to the Congress.
BRS leaders KT Rama Rao, Padi Kaushik Reddy, and Kuna Pandu Vivekanand, along with BJP MLA Alleti Maheshwar Reddy, challenged the Speaker's inaction in the Telangana High Court.While a single-judge bench of the High Court directed the Speaker to fix a schedule for hearing the disqualification pleas within four weeks, the Division Bench later set aside that order, stating the Speaker could take a "reasonable time".The petitioners then approached the Supreme Court, which has now set aside the Division Bench's order and reinstated the Single Bench's direction, further tightening the timeline.The bench of CJI DY Chandrachud and Justice AG Masih observed that Parliament entrusted disqualification powers to Speakers to avoid delays in courts, but ironically, Speakers themselves are now delaying proceedings.The Court pointed out that no notice had been issued on the disqualification pleas for over seven months — a delay it said cannot be considered 'expeditious' by any stretch, Live Law reported.It noted that Speakers act as quasi-judicial authorities under the Tenth Schedule and do not enjoy constitutional immunity while doing so. The Court also reminded that in Kihoto Hollohan, a landmark judgement, judicial review of the Speaker's decisions was permitted in a limited manner, especially when there is inaction.The Court also barred the MLAs from trying to delay proceedings further and said adverse inference may be drawn if they attempt to do so.The Court urged Parliament to review whether entrusting disqualification decisions to the Speaker continues to serve the purpose of curbing political defections. It stressed that this mechanism must be re-examined if the "very foundation of democracy" is to be safeguarded.'Though we do not possess any advisory jurisdiction it is for Parliament to take a call,' the bench said.- EndsTune InMust Watch
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