Hyderabad: The Supreme Court on Thursday, July 31 directed the Speaker of Telangana State Legislative Assembly to take a decision in three months on the petitions for disqualification of 10 BRS MLAs, who defected to the ruling Congress party in the state.
A division bench led by Chief Justice of India B.R. Gavai pronounced orders on the petitions filed by Bharat Rashtra Samithi (BRS) working president K.T. Rama Rao, some other BRS MLAs and BJP floor leader in Assembly A. Maheshwar Reddy.
The Supreme Court allowed the pleas filed by BRS leaders seeking directions to the Speaker of the Telangana Legislative Assembly to decide expeditiously the disqualification petitions.
The apex court directed the Speaker to decide the disqualification petitions as expeditiously as possible and in any case within three months. The bench also set aside the order of the Telangana High Court that the court can’t set a time limit for the Speaker to decide on the disqualification petitions.
According to the counsel for the BRS leaders, the bench also directed the Speaker of the Telangana Assembly not to allow any MLA to protract the process of disqualification.
In case any MLA attempts to protract the proceedings, the Speaker has to draw an adverse inference against them. “The Honourable Supreme Court also clarified that the Speaker doesn’t have any Constitutional privilege to decide this case and that he is as good as a tribunal,” said Mohit K. Rao, who appeared on behalf of the BRS leaders The apex court also observed that if the Speaker doesn’t take a decision and keeps petitions pending for five years, the foundational point of democracy will be disturbed.
In September last year, a single judge of the High Court had directed the office of the Speaker to pronounce a schedule within four weeks for the hearing of the petitions seeking disqualification of the MLAs.
On an appeal filed by the Legislative Secretary, a division bench in November set aside the single judge order. It suggested that the Speaker decide on disqualification applications as per the 10th Schedule of the Constitution of India within a ‘reasonable time’.
The BRS leaders had approached the Supreme Court, challenging the High Court’s division bench order and seeking direction to the Speaker to decide their petitions expeditiously.
The main opposition party had appealed to Speaker Gaddam Prasad Kumar to disqualify all 10 BRS MLAs who defected to Congress since March last year.
The BRS leaders had brought to the Speaker’s notice that, as per the Supreme Court judgment in various cases, the Speaker has to take decision on disqualification within three months.
Danam Nagender (Khairatabad constituency), Tellam Venkat Rao (Bhadrachalam), Kadiyam Srihari (Station Ghanpur), Pocharam Srinivas Reddy (Banswada), M. Sanjay Kumar (Jagtial), Arekapudi Gandhi (Serilingampally), T. Prakash Goud (Rajendranagar), B. Krishna Mohan Reddy (Gadwal), G. Mahipal Reddy (Patancheru), and Kale Yadaiah (Chevella) defected to the Congress party last year.
BRS welcomes SC’s order
The Bharat Rashtra Samithi (BRS) has welcomed the Supreme Court’s order and exuded confidence that this would lead to by-elections to 10 constituencies.
BRS working president K. T. Rama Rao (KTR) took to ‘X’ to welcome the decision of the Supreme Court. “We thank the Honourable judges for ensuring that the democratic structure of this country isn’t eroded by malicious methods,” posted by KTR, who was one of the petitioners.
The BRS leader hoped that Congress leader Rahul Gandhi, who in his ‘Panch Nyay’ advocated for stronger anti-defection laws and automatic cancellation upon defection, would welcome this decision. “I DARE YOU to stand by your preachings, Mr Gandhi. And I hope you and your party don’t use the honourable Speaker’s position to make a mockery of the Indian Constitution, any further,” said KTR. “It doesn’t need much investigation to accept that all these 10 MLAs switched to Congress illegitimately and have been participating in the official programmes every single day!” he added and thanked legal teams and BRS workers who stood with the party during the tough times.
He believes that by-elections in 10 constituencies will be held and urged party workers to gear up for the same. “As I interpret it, we have three months to work towards the bypolls in 10 constituencies. Let’s get to work, guys!” he said.
BRS MLC K. Kavitha has also welcomed the decision of the Supreme Court. She told media persons that Speaker Gaddam Prasad Kumar should take action to follow the Supreme Court order. “The Supreme Court’s order that if the MLAs who won from one party defect to another party, prompt action should be taken on disqualification petitions filed against them, avoiding years of delay, is a welcome development,” she said.
BRS Parliamentary Party Deputy Leader Vaddiraju Ravichandra termed the Supreme Court order “historic”. The Rajya Sabha member welcomed the Supreme Court’s direction to the Speaker to decide within three months on petitions for the disqualification of 10 MLAs. He said this would certainly lead to by-elections in 10 constituencies. He demanded that the Speaker follow the order of the Apex Court.
(with inputs from agencies)
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