BRS MLAs' Defection To Congress | 'What Would Be A Reasonable Period To Decide Disqualification Pleas?' Supreme Court Asks Telangana Assembly

In a petition filed by Telangana MLA Padi Kaushik Reddy (BRS) pertaining to the defection of 3 MLAs from his party to the ruling Congress party, the Supreme Court recently asked the State Legislative Assembly as to what would be a "reasonable period" for deciding the disqualification pleas filed against the defecting MLAs.

A bench of Justices BR Gavai and AG Masih listed the matter on February 10, asking Senior Advocate Mukul Rohatgi (for Secretary, Telangana Legislative Assembly) to get instructions from the Speaker. "You tell us what is reasonable time in your perception", said Justice Gavai.

Primarily, the issue arose as a Single Bench of the Telangana High Court directed the Speaker of the State Legislative Assembly to fix  a schedule for hearing of the disqualification petitions within 4 weeks. But in appeal, the Division Bench set aside the direction, relying inter-alia on the Constitution Bench decision in Subhash Desai v. Principal Secretary, Government of Maharashtra, where the Supreme Court observed that the Speaker must decide disqualification petitions within a "reasonable period".

Background

Three MLAs viz. Venkata Rao Tellam, Kadiyam Srihari, and Danam Nagender were elected on a BRS Ticket, but defected to the Congress Party (ruling in Telangana). Questioning inaction of the Telangana Legislative Assembly Speaker for over 3 months, in deciding the disqualification pleas preferred against the MLAs who defected, BRS MLAs Kuna Pandu Vivekananda and Padi Kaushik Reddy, and BJP MLA Alleti Maheshwar Reddy, moved the Telangana High Court.

The petitioners before the High Court contended that the delay in deciding of the disqualification petitions could give the ruling party a chance to enable more defections from BRS. Counsel representing the defecting MLAs and State, on the other hand, questioned the maintainability of the petitioners' writ petition, arguing that the Court lacked jurisdiction to issue a writ of mandamus against the Speaker to decide upon the disqualification pleas.

On September 9, a Single bench of the High Court directed the Speaker of the State Legislative Assembly to fix a schedule of hearing within four weeks to decide upon the disqualification pleas. Against this judgment, the Telangana Legislative Assembly (through its Speaker) preferred a writ appeal.

In November, 2024, the Division Bench of the High Court set aside the Single bench judgment and held that the Speaker of the State Legislative Assembly must decide the disqualification petitions within a reasonable time. "Needless to state that the Speaker while dealing with the disqualification petitions shall bear in mind the concept of reasonable time, by taking into account the period of pendency of the disqualification petitions, the object of inclusion of the Tenth Schedule to the Constitution of India as well as the tenure of the Assembly", the order read.

"The decision of the Constitution Bench of the Supreme Court in Subhash Desai (supra) considers its previous decisions in Kihoto Hollohan (supra), Rajendra Singh Rana (supra) and Keisham Meghachandra Singh (supra) and lays down the legal principle more elaborately and accurately by stating that the petition seeking disqualification should be decided by the Speaker within a reasonable time...What would be the reasonable time depends in the facts and circumstances of each case...four and half months have lapsed since filing of the disqualification petitions. The action on the petition seeking disqualification has to be taken in consonance with the Rules", the Division bench further observed.

Challenging the order of the Division bench (which set aside the direction to the Speaker to fix a schedule for hearing of the disqualification pleas within 4 weeks), MLA Padi Kaushik Reddy moved the Supreme Court.

Appearance: Senior Advocate Dama Sheshadri Naidu, AoR P Mohith Rao and Advocates J Akshitha, Eugene S Philomene, Rahul Reddy, KMS Sivani (for petitioner); Senior Advocate Mukul Rohatgi (for Secretary, Telangana Legislative Assembly); AAG T Rajnikant Reddy (for State of Telangana); AoR Sravan Kumar Karanam; Advocates Aniket Singh, Kumar Abhishek, Abhiram Bannuri, Sumanth Nookala, Ranjeeta Rohatgi, and K Pradeep Reddy

Case Title: PADI KAUSHIK REDDY Versus THE STATE OF TELANGANA AND ORS., SLP(C) No. 2353-2354/2025