SC asks Telangana Speaker to decide on disqualification of 10 MLAs in three months
A division bench led by Chief Justice of India B.R. Gavai on Thursday pronounced orders on the petitions filed by Bharat Rashtra Samithi (BRS) working president K.T. Rama Rao, some other BRS MLAs and BJP floor leader in Assembly A. Maheshwar Reddy.
The Supreme Court allowed the pleas filed by BRS leaders seeking directions to the Speaker of the Telangana Legislative Assembly to decide expeditiously the disqualification petitions.
The apex court directed the Speaker to decide the disqualification petitions as expeditiously as possible and in any case within three months.
The bench also set aside the order of the Telangana High Court that the court can't set a time limit for the Speaker to decide on the disqualification petitions.
According to the counsel for the BRS leaders, the bench also directed the Speaker of the Telangana Assembly not to allow any MLA to protract the process of disqualification. In case any MLA attempts to protract the proceedings, the Speaker has to draw an adverse inference against them.
'The Honourable Supreme Court also clarified that the Speaker doesn't have any Constitutional privilege to decide this case and that he is as good as a tribunal,' said Mohit K. Rao, who appeared on behalf of the BRS leaders
The apex court also observed that if the Speaker doesn't take a decision and keeps petitions pending for five years, the foundational point of democracy will be disturbed.
In September last year, a single judge of the High Court had directed the office of the Speaker to pronounce a schedule within four weeks for the hearing of the petitions seeking disqualification of the MLAs.
On an appeal filed by the Legislative Secretary, a division bench in November set aside the single judge order. It suggested that the Speaker decide on disqualification applications as per the 10th Schedule of the Constitution of India within a 'reasonable time'.
The BRS leaders had approached the Supreme Court, challenging the High Court's division bench order and seeking direction to the Speaker to decide their petitions expeditiously.
The main opposition party had appealed to Speaker Gaddam Prasad Kumar to disqualify all 10 BRS MLAs who defected to Congress since March last year.
The BRS leaders had brought to the Speaker's notice that, as per the Supreme Court judgment in various cases, the Speaker has to take decision on disqualification within three months.
Danam Nagender (Khairatabad constituency), Tellam Venkat Rao (Bhadrachalam), Kadiyam Srihari (Station Ghanpur), Pocharam Srinivas Reddy (Banswada), M. Sanjay Kumar (Jagtial), Arekapudi Gandhi (Serilingampally), T. Prakash Goud (Rajendranagar), B. Krishna Mohan Reddy (Gadwal), G. Mahipal Reddy (Patancheru), and Kale Yadaiah (Chevella) defected to the Congress party last year.
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