2 weeks ago
Telangana HC Examines Speaker's Decision on 10 BRS MLAs' Disqualification
In a state called Telangana, some politicians were elected to the state assembly as members of a political party called BRS.
Later, ten of those members started working with a different party called the Congress.
Other politicians thought that was not fair and wanted the ten members removed from their seats.
The person in charge of the assembly, called the Speaker, said no to that request.
The unhappy politicians then took their complaint to a big court called the High Court.
At the High Court, both sides got to explain their views.
The complainers said the ten members clearly left BRS because they went to Congress events and even joined Congress programmes.
They also pointed out that one member ran in a national election on the Congress team's ticket.
The court decided it needed more time to study the case, so the judges will hear it again on August 17.
The Telangana High Court heard nine writ petitions filed by BRS and BJP MLAs over the Speaker's rejection of disqualification pleas against 10 BRS legislators who joined the Congress.
Petitioners argued the Speaker delayed the disqualification proceedings despite earlier Supreme Court directions to decide the petitions within a specified period.
Conduct cited by the petitioners includes meetings between the defected MLAs and Chief Minister A. Revanth Reddy, public statements about continuing with the Congress, and participation in Congress programmes.
Petitioners cited Danam Nagender, who contested the 2024 Lok Sabha election on a Congress ticket while remaining a BRS MLA.
The Telangana Legislature defended the Speaker's decision, and the bench adjourned the matter to August 17 for further hearing.
- Who
- The Telangana High Court division bench of Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin; the petitioners are BRS and BJP MLAs, while the Telangana Legislature defended the Speaker's decision.
- What
- A hearing on nine writ petitions challenging the Speaker's rejection of petitions to disqualify 10 BRS MLAs who joined the Congress without resigning.
- Where
- Telangana High Court, Hyderabad.
- When
- The hearing was held on a Thursday; the bench adjourned the matter to August 17 for further hearing.
- Why
- Petitioners argue the 10 MLAs voluntarily gave up their BRS membership through conduct such as joining Congress programmes and contesting elections on a Congress ticket, which the Speaker allegedly failed to act on under the anti-defection law.
Petitioning BRS and BJP MLAs
Telangana Legislature / Speaker
Meaning of voluntarily giving up membership
Petitioning BRS and BJP MLAs
"Voluntarily giving up membership" under the Tenth Schedule is wider than formally resigning; a member's conduct and surrounding circumstances can establish membership was given up.
Telangana Legislature / Speaker
Merely contesting a Parliament election on another party's ticket does not by itself amount to voluntarily giving up membership of the party from which the MLA was elected.
Evidence of defection
Petitioning BRS and BJP MLAs
Meetings with Chief Minister A. Revanth Reddy, public statements of continuing with the Congress, participation in Congress programmes, and contesting a Lok Sabha election on a Congress ticket prove the MLAs left BRS.
Telangana Legislature / Speaker
Contesting a Lok Sabha election while remaining an Assembly member is not prohibited by the Constitution, and the Speaker found the material did not establish voluntary relinquishment of BRS membership.
Delay in proceedings
Petitioning BRS and BJP MLAs
The Speaker had a constitutional duty to independently examine the facts and decide the disqualification petitions promptly, but delayed despite Supreme Court directions.
Telangana Legislature / Speaker
The Speaker examined the pleadings and evidence and lawfully rejected the disqualification petitions.
Key facts
- Court
- Telangana High Court
- Bench
- Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin
- Writ petitions heard
- 9 petitions filed by BRS and BJP MLAs
- Targeted legislators
- 10 BRS MLAs who joined the Congress
- Legal basis
- Tenth Schedule (anti-defection law)
- Key evidence cited
- Danam Nagender contesting the 2024 Lok Sabha election on a Congress ticket
- Next hearing
- August 17
Sources
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