Telangana High Court Directs Speaker To Decide In Four Weeks Disqualification Pleas Against BRS MLAs Who Defected To Congress

The Telangana High Court today directed the Speaker of the State Legislative Assembly to fix a schedule of hearing within four weeks to decide upon the disqualification pleas preferred by the BRS and BJP MLAs against the defection of three BRS MLAs to the Congress Party.

The bench comprising Justice B. Vijaysen Reddy stated that since there's no information as to the status of the disqualification petition pending before the Speaker, therefore, a case was made out by the Petitioners for a grant of relief.

The Court directed the Assembly Secretary to place the file of the disqualification petitions before the Speaker, where the Speaker was instructed to decide on the pleas within four weeks. While disposing of the petitions, the Court indicated that the case would be re-opened suo moto if the Speaker fails to decide within four weeks.

"Having due regard to the Constitutional status and dignity of the Office of the Speaker, this Court finds it appropriate to direct the respondent No.3-Secretary, Telangana Legislative Assembly, to forthwith place the disqualification petitions before the respondent No.2-Speaker, Telangana Legislative Assembly for fixing a schedule of hearing (filing of pleadings, documents, personal hearing etc.) within a period of four (4) weeks from today. The schedule, so fixed, shall be communicated to the Registrar (Judicial), High Court for the State of Telangana. If nothing is heard within four (4) weeks, it is made clear that the matter will be reopened suo motu and appropriate orders will be passed.", the court ordered.

The direction of the High Court came while deciding the pleas preferred by BRS MLAs Kuna Pandu Vivekananda and Padi Kaushik Reddy and BJP MLA Alleti Maheshwar Reddy questioning the inaction of the Telangana Legislative Assembly Speaker to decide on the disqualification pleas against MLAs Venkata Rao Tellam, Kadiyam Srihari, and Danam Nagender.

These MLAs were elected on a BRS Ticket but defected to the Congress Party, which is currently ruling in the State.

During the hearing, the Petitioner's Counsel highlighted the delay by the Speaker in taking action against the defecting MLAs, despite a petition filed under Schedule X before the Speaker over three months back. They contended that such a delay might give the ruling party a chance to enable more defections from BRS.

Conversely, the Counsel representing the defecting MLAs and State questioned the maintainability of the Writ Petition by contending that a writ of mandamus cannot lie against the Speaker. In other words, they argued that the Court lacks jurisdiction to issue a writ of mandamus against the Speaker to decide upon the disqualification pleas preferred by the petitioner against the defecting MLAs.

After hearing the parties at length, the Court had reserved the Judgment on August 10.

It is worthwhile to mention that while deciding a matter whereupon a delay was caused by the Maharashtra Assembly Speaker in deciding the disqualification petitions against the rebel Shiv Sena MLAs who defected to Ekanth Shinde Group, the Supreme Court expressed dismay over inaction of the Speaker and said that the Speaker cannot delay the proceedings under the Tenth Schedule of the Constitution indefinitely and that there has to be a sense of respect to the directions passed by the Court. Therefore, the three-judge bench led by CJI DY Chandrachud directed that the disqualification petitions be listed before the Speaker within one week upon which the Speaker has to issue procedural directions for completing the record and setting out the time for hearings.

(Story to be updated after uploading of Judgment)

Case Title: Kuna Pandu Vivekanand Versus The State of Telangana, WP 11098/2024 (and connected matters)

Click here to read/download the judgment