1 week ago
Telangana High Court Reserves Verdict on Nagender Disqualification Petitions
The Telangana High Court is considering whether Danam Nagender should lose his Assembly seat.
Two politicians asked the court to review the Speaker’s decision not to disqualify him.
They say Nagender left the BRS after contesting an election on a Congress ticket and taking part in Congress activities.
They argue that a formal resignation was not needed to show that he had changed parties.
Nagender’s lawyer says the evidence mainly consists of newspaper reports, photographs and media coverage.
The lawyer also says Assembly records still list Nagender as a BRS MLA.
The judges have finished hearing arguments.
They plan to announce their decision on September 16.
The Telangana High Court reserved its judgment on petitions seeking Danam Nagender’s disqualification under the anti-defection law.
The petitions were filed by BJP Legislature Party leader Aleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy.
The petitioners argued that Nagender’s Congress candidacy and activities showed he had voluntarily left the BRS.
Nagender’s counsel said photographs, media reports and a party scarf did not prove that he had joined Congress.
The court said it would pronounce judgment on September 16 and later hear similar petitions involving other BRS MLAs.
- Who
- The Telangana High Court, Danam Nagender, Aleti Maheshwar Reddy and Padi Kaushik Reddy are central to the case.
- What
- The court reserved judgment on petitions challenging the Speaker’s refusal to disqualify Nagender under the anti-defection law.
- Where
- The proceedings took place in Hyderabad before the Telangana High Court.
- When
- Arguments concluded on Friday, and the judgment is scheduled for September 16.
- Why
- The petitioners allege that Nagender voluntarily gave up his BRS membership after contesting the Secunderabad Lok Sabha election on a Congress ticket and participating in Congress activities.
Petitioners’ Position
Nagender’s Defense
Evidence of changing party allegiance
Petitioners’ Position
The petitioners say Nagender’s decision to contest the Secunderabad Lok Sabha election on a Congress ticket and his alleged Congress activities establish that he voluntarily gave up BRS membership.
Nagender’s Defense
Nagender’s counsel says photographs with Congress leaders, media reports and wearing a party scarf do not by themselves prove that he joined Congress.
Scope of the Speaker’s review
Petitioners’ Position
The petitioners argue that the Speaker must consider a legislator’s conduct both inside and outside the Legislative Assembly.
Nagender’s Defense
Nagender’s counsel points out that there was no categorical declaration that he had joined Congress and that Assembly records continued to identify him as a BRS MLA.
Need for formal resignation
Petitioners’ Position
The petitioners maintain that a formal resignation from the BRS is not necessary for anti-defection provisions to apply.
Nagender’s Defense
Nagender’s defense disputes whether the submitted material sufficiently demonstrated voluntary relinquishment of BRS membership.
Key facts
- Case subject
- Petitions seeking the disqualification of Khairatabad MLA Danam Nagender.
- Petitioners
- BJP Legislature Party leader Aleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy.
- Respondent decision
- The Speaker, acting as chairman of the Tenth Schedule Tribunal, declined to disqualify Nagender.
- Court bench
- Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin.
- Judgment date
- September 16.
- Petitioners’ evidence
- Nagender’s Congress Lok Sabha candidacy and alleged participation in Congress activities.
- Nagender’s defense
- His counsel argued that media reports, photographs and a Congress scarf did not establish voluntary relinquishment of BRS membership.
Sources
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