2 weeks ago
Telangana High Court Begins Hearing BRS MLAs' Disqualification Pleas
In the Indian state of Telangana, some elected leaders switched from the political party that helped them win their seats to other parties.
India has a special rule called the Anti-Defection Law that says leaders should not leave the party they were elected with.
A senior official, called the Speaker, decides whether leaders broke that rule.
Some leaders believed the Speaker made wrong decisions, so they asked the Telangana High Court to review them.
The High Court started hearing the lawyers' arguments on Wednesday in Hyderabad.
The lawyers said that one leader, Danam Nagender, won his seat with the BRS party but later ran for a national election as a Congress candidate.
They said such conduct means he gave up his party membership, and that the Speaker made mistakes and acted too slowly.
They also asked the judges to look at video evidence.
The judges said the hearing will continue on Thursday, August 13.
The Telangana High Court began hearing a batch of petitions by BRS MLAs and BJP legislator Alleti Maheshwar Reddy challenging the Speaker's decisions on disqualification pleas against alleged BRS defectors.
Senior counsel Kondam Vivek Reddy argued the Speaker erred in dismissing the plea against MLA Danam Nagender, who was elected on a BRS ticket and later contested the 2024 Lok Sabha polls as a Congress candidate.
Counsel contended Nagender's conduct amounted to voluntarily giving up BRS membership under Paragraph 2(1)(a) of the Tenth Schedule, citing official election records and a Supreme Court judgment.
Counsel alleged prejudice and delay by the Speaker, saying notices were issued only after Supreme Court intervention, and requested the High Court to summon video footage produced before the Speaker.
The division bench of Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin adjourned the hearing to Thursday, August 13.
- Who
- BRS MLAs and BJP legislator Alleti Maheshwar Reddy, represented by senior counsels Kondam Vivek Reddy and Gandra Mohan Rao, challenging decisions of the Speaker of the Telangana Legislative Assembly.
- What
- The High Court heard petitions challenging the Speaker's dismissal of disqualification pleas against alleged BRS defectors, including MLA Danam Nagender, under the Tenth Schedule (Anti-Defection Law).
- Where
- Telangana High Court, Hyderabad.
- When
- The hearing began on Wednesday and was adjourned to Thursday, August 13.
- Why
- Petitioners argue the Speaker erred in rejecting the disqualification pleas, as the Anti-Defection Law was designed to prevent legislators from abandoning the party on whose mandate they were elected.
Petitioners (BRS MLAs and Alleti Maheshwar Reddy)
Respondents (Assembly Speaker's Findings)
Effect of Contesting on Another Party's Ticket
Petitioners (BRS MLAs and Alleti Maheshwar Reddy)
Contesting the Lok Sabha elections as a Congress candidate after being elected on a BRS ticket amounts to voluntarily giving up BRS membership under Paragraph 2(1)(a) of the Tenth Schedule.
Respondents (Assembly Speaker's Findings)
Nagender never formally resigned from the BRS, did not enroll as a primary Congress member, and continued to be recognised as a BRS legislator who participated and voted with the BRS Legislature Party.
Conduct Inside vs Outside the House
Petitioners (BRS MLAs and Alleti Maheshwar Reddy)
The Speaker erred in holding that conduct outside the House could not be considered; the issue was whether Nagender voluntarily gave up membership, not whether government stability was affected.
Respondents (Assembly Speaker's Findings)
Joining the ruling party did not affect stability, and only 'in-house' conduct could be considered; the government's numerical strength remained unchanged.
Condonation and Verification Requirements
Petitioners (BRS MLAs and Alleti Maheshwar Reddy)
The BRS's continued recognition of Nagender and acceptance of his membership fee could not cure an act that already resulted in disqualification, and verification requirements were directory only.
Respondents (Assembly Speaker's Findings)
The BRS condoned Nagender's conduct by continuing to recognise him as a party member and accepting his legislative party membership fee, and the party took no disciplinary action against him.
Key facts
- Court
- Telangana High Court, Hyderabad
- Bench
- Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin
- Legal Basis
- Tenth Schedule of the Constitution (Anti-Defection Law), Paragraph 2(1)(a)
- Petitioners
- BRS MLAs and BJP legislator Alleti Maheshwar Reddy
- Disputed MLA
- Danam Nagender (elected on BRS ticket; contested 2024 Lok Sabha polls as Congress candidate)
- Challenged Order
- Speaker-cum-Tribunal order of March 11, 2026 in Disqualification Petition 4 of 2024
- Alleged Disqualification Date
- April 23, 2024 (date of Lok Sabha nomination filing)
- Next Hearing
- Thursday, August 13
Quotes
Senior counsel Kondam Vivek Reddy
Senior counsel appearing for Alleti Maheshwar Reddy
“"contesting elections on another party’s ticket does not amount to 'voluntarily giving up membership' under Paragraph 2(1)(a) of the Tenth Schedule."”
deccanchronicle.com
Sources
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