SC Sets Aside Telangana HC Order, Gives Speaker 3 Months On BRS MLAs Defection Case
The Supreme Court on Wednesday directed the Telangana Legislative Assembly Speaker to decide within three months on the disqualification petitions filed against ten Bharat Rashtra Samithi (BRS) MLAs who had defected to the ruling Congress party.
A bench led by Chief Justice of India BR Gavai observed that political defections remain a pressing issue in the country and have the potential to destabilise democratic processes if left unchecked. The court allowed the appeal filed by BRS leader Padi Kaushik Reddy, who had sought a direction to the Speaker for a time-bound decision on the pending disqualification pleas.
Setting aside the Telangana High Court division bench's order from November 22, 2024, which had interfered with an earlier single judge ruling, the apex court emphasised the need for prompt resolution in such matters. 'We have referred to various parliamentary speeches, including those by Rajesh Pilot and Devendra Nath Munshi, to emphasise that entrusting disqualification proceedings to the Speaker was aimed at avoiding delays that may occur before courts," Chief Justice Gavai noted while reading the judgment.
The court made it clear that the Speaker, while adjudicating disqualification petitions under the Tenth Schedule, acts as a tribunal and does not enjoy constitutional immunity. It further directed the Speaker not to permit the MLAs to delay the proceedings and said that adverse inferences could be drawn if any attempts to protract the process are made.
The verdict was reserved on April 3, and a detailed judgment is expected to follow.
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