2 hrs ago
Supreme Court Dismisses BRS MLA’s Plea Against Defection Disqualification
Danam Nagender was a member of the BRS party in Telangana.
He later contested a 2024 national election on the Congress party’s ticket.
Other politicians asked that he lose his Assembly seat because of this change in political allegiance.
The Telangana High Court agreed and disqualified him from April 23, 2024.
The Assembly Speaker had earlier rejected the petitions against him.
Nagender asked the Supreme Court to overturn the High Court decision.
The Supreme Court refused and said there was no reason to interfere.
A judge used the phrase “Aaya Ram, Gaya Ram” to describe politicians who switch parties.
The Supreme Court dismissed BRS MLA Danam Nagender’s challenge to a Telangana High Court order disqualifying him.
The bench said there was no ground to interfere with the High Court’s order.
Justice Joymalya Bagchi described the case as “Aaya Ram, Gaya Ram, phir aaya Ram.”
Nagender was disqualified from the Telangana Assembly effective April 23, 2024, after contesting the 2024 Lok Sabha election on a Congress ticket while serving as a BRS MLA.
The Telangana Assembly Speaker had dismissed disqualification petitions against Nagender on March 11.
- Who
- The Supreme Court, BRS MLA Danam Nagender, the Telangana High Court, and petitioners Alleti Maheshwar Reddy and P Kaushik Reddy.
- What
- The Supreme Court dismissed Nagender’s plea challenging his disqualification as a Telangana legislator.
- Where
- The case concerns the Telangana Legislative Assembly and orders of the Telangana High Court and Supreme Court.
- When
- The Supreme Court ruling was reported on September 24; the disqualification took effect on April 23, 2024, and the Speaker rejected the petitions on March 11.
- Why
- Nagender contested the 2024 Lok Sabha election on a Congress ticket while serving as a BRS MLA, prompting petitions seeking his disqualification under the Tenth Schedule.
Case for Disqualification
Challenge to Disqualification
Effect of party switching
Case for Disqualification
Alleti Maheshwar Reddy and P Kaushik Reddy sought Nagender’s disqualification under the Tenth Schedule, arguing it should apply from the date he filed his nomination affidavit for the 2024 Lok Sabha election.
Challenge to Disqualification
Nagender, represented by senior advocate Mukul Rohatgi, challenged the Telangana High Court order disqualifying him and asked the Supreme Court to intervene.
Validity of the Speaker’s decision
Case for Disqualification
The petitioners sought to set aside the Speaker’s March 11 order dismissing their disqualification petitions.
Challenge to Disqualification
The Speaker’s order had rejected the petitions, but the High Court later set it aside and declared Nagender disqualified; the Supreme Court declined to interfere with that outcome.
Key facts
- MLA
- Danam Nagender, representing Khairatabad
- Supreme Court decision
- Plea dismissed
- Disqualification effective
- April 23, 2024
- Political change
- Nagender contested the 2024 Lok Sabha election on a Congress ticket while serving as a BRS MLA
- Speaker’s order
- Petitions seeking disqualification were dismissed on March 11
- Relevant provision
- Clause 2(1)(a) of the Tenth Schedule
- Supreme Court bench
- Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana
Quotes
Justice Joymalya Bagchi
Supreme Court judge on the bench hearing Nagender’s challenge
“Your case is ‘Aaya Ram, Gaya Ram, phir aaya Ram’?”
theprint.in
Sources
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