Bharat
Rashtra Samithi (BRS) and its MLAs have approached the Supreme Court,
challenging the delay by the Telangana Legislative Assembly Speaker in deciding
disqualification petitions against seven MLAs. These MLAs were elected on a BRS
ticket in the 2023 Assembly elections but later defected to the ruling Congress
party.
The
disqualification petitions pertain to the following MLAs: Srinivas Reddy
Parigi, Bandla Krishna Mohan Reddy, Kale Yadaiah, T. Prakash Goud, A. Gandhi,
Gudem Mahipal Reddy, and M. Sanjay Kumar.
A bench
comprising Justices B.R. Gavai and K. Vinod Chandran has recently listed the
case along with a plea filed by Telangana MLA Padi Kaushik Reddy (BRS)
concerning the defection of three MLAs—Venkata Rao Tellam, Kadiyam Srihari, and
Danam Nagender—from BRS to Congress. The Supreme Court has sought a response
from the Telangana Assembly Speaker on what he considers a "reasonable
period" for deciding disqualification petitions. The matter is scheduled
for its next hearing on February 10.
In the
present case, the petitioners highlight that the Telangana Legislative Assembly
elections were held on November 30, 2023, and the disqualification
petitions were filed between June 25, 2024, and July 16, 2024. However,
the Speaker has taken no action in the past six months.
It is
alleged that not even a notice has been issued to the defecting MLAs
regarding the disqualification petitions. As a result, the petitioners argue
that there is no likelihood of the disqualification proceedings being
adjudicated and concluded within the remaining term of the Third
Telangana Legislative Assembly. Bharat Rashtra Samithi (BRS) and its MLAs have moved the
Supreme Court, challenging the inaction of the Telangana Legislative Assembly
Speaker on disqualification petitions against seven MLAs who defected to the
ruling Congress party after contesting the 2023 Assembly elections on a
BRS ticket.
Key
Allegations and Legal Grounds
The
petitioners argue that Respondents No. 2 to 8—Srinivas Reddy Parigi,
Bandla Krishna Mohan Reddy, Kale Yadaiah, T. Prakash Goud, A. Gandhi, Gudem
Mahipal Reddy, and M. Sanjay Kumar—voluntarily gave up their BRS membership
by joining the Congress party, thereby attracting disqualification under Para
2(1)(a) of the Tenth Schedule of the Constitution.
The
petitioners rely on the Supreme Court’s ruling in Keisham Meghachandra Singh
v. Manipur Legislative Assembly, which held:
“The
Speaker, in acting as a tribunal under the Tenth Schedule, is bound to decide
disqualification petitions within a reasonable period. In the absence of
exceptional circumstances, a period of three months from the date of filing is
the outer limit for deciding such petitions.”
Despite
disqualification petitions being filed between June 25, 2024, and July 16,
2024, the Speaker has not issued any notice to the defecting MLAs,
causing an unreasonable delay of over six months.
Concerns
Raised by Petitioners
- The defected MLAs are actively
participating in Assembly proceedings and Congress party programs,
undermining public faith in democracy and the Tenth Schedule’s
anti-defection provisions.
- They continue to vote on
legislative bills, which the petitioners claim violates the
constitutional mandate.
- The Speaker’s inaction on
earlier disqualification petitions (related to three other defected
BRS MLAs) allegedly emboldened further defections.
- The Congress party has openly
supported the defections, allegedly asserting that the Speaker will
not decide disqualification petitions within the term of the Assembly.
Relief
Sought
The
petitioners seek a Supreme Court direction to the Telangana Assembly
Speaker to:
1.
Issue notices
to the defected MLAs.
2.
Decide the disqualification petitions in a time-bound manner, preferably on a day-to-day basis,
within four weeks.
Case
Details
- Case Title: Kalvakuntla Taraka Rama Rao
& Ors. v. The Speaker, Telangana State Legislative Assembly & Ors.,
W.P.(C) No. 82/2025.
- Bench: Justices B.R. Gavai and K.
Vinod Chandran.
- Next Hearing Date: February 10, 2025.
- Petitioners’ Counsel: AoR P. Mohith Rao and
Advocate J. Akshitha.
