Hyderabad: The Supreme Court has taken up petitions alleging an undue delay by the Telangana Assembly Speaker in deciding disqualification pleas against Bharat Rashtra Samithi (BRS) MLAs who defected to the ruling Congress.
The matter has gained prominence following Telangana chief minister A Revanth Reddy’s recent statement in the Assembly asserting that there would be no by-elections, as there have been no changes in the relevant laws governing disqualifications.
A Supreme Court bench comprising Justices BR Gavai and AG Masih scrutinized the delay in issuing notices to the defecting BRS MLAs, posing critical questions to the Telangana Legislative Assembly Speaker and Secretary. The bench specifically questioned the Secretary’s decision to appeal a single judge’s order, which merely directed the Assembly to establish a schedule for disqualification proceedings.
“When the single judge only asked to fix a schedule, why did you file an appeal against those orders? Then how can you object to our hearing on the Special Leave Petition (SLP) filed by the BRS?” the bench asked.
The court reaffirmed its constitutional role in ensuring due process, with Justice Gavai stating, “Even if the Speaker takes no action for four years, courts should watch it.” The assertion reinforced the judiciary’s responsibility in cases where delays may undermine constitutional principles.
Senior advocate Mukul Rohatgi, representing the Telangana Speaker, countered by arguing that courts cannot interfere with the Speaker’s exclusive rights. Rohatgi emphasized that while the Speaker’s decisions are subject to judicial review, the courts should not impose a specific timeline for such proceedings.
“Whether or not to follow a court’s suggestion is within the Speaker’s rights,” he contended, arguing that one constitutional body should not exert undue influence over another.
Justice Gavai, however, challenged Rohatgi’s stance, questioning, “Can’t we tell the Speaker? Can’t we appeal or instruct? If the Speaker can’t take action for four years, should the courts remain silent?”
Rohatgi maintained that the Speaker must act independently and cannot base decisions solely on the petitioners’ demands. He pointed out that while the disqualification complaints were filed on March 18, the Speaker had issued notices to the 10 MLAs on January 16.
On March 4, the Supreme Court issued formal notices to the Assembly Speaker, MLAs, Assembly secretary, and the election commission.
Earlier, a bench of Justice BR Gavai and K Vinod Chandran questioned the Telangana Assembly Speaker about what constitutes a “reasonable period” for deciding disqualification pleas. When the matter was taken up on Monday, Justice Gavai reminded senior advocate Mukul Rohatgi, representing the Assembly Secretary, that he was supposed to seek instructions on this timeline.
On February 2, the Supreme Court reprimanded the Telangana Assembly Speaker Gaddam Prasad for not setting a deadline over the decision on the disqualification of the MLAs who defected from the Bharat Rashtra Samithi (BRS) after the Telangana Assembly elections. He was granted one week to inform the Apex court about the timeline.
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On January 16, the BRS filed a Special Leave Petition (SLP) in the Supreme Court against the defected MLAs. The petitions urge the Supreme Court to direct the Telangana Assembly Speaker and Secretary to take prompt action and establish a timeline for resolving the disqualification cases.
The petition was filed against three MLAs including Danam Nagender, Kadiyam Srihari, and Tellam Venkat Rao and a writ petition against seven others, mentioning Pocharam Srinivas Reddy, Kale Yadaiah, M Sanjay Kumar, Krishnamohan Reddy, Mahipal Reddy, Prakash Goud and Arekapudi Gandhi.
BRS mentioned that despite a November 2024 ruling by the Telangana High Court directing the Assembly speaker to act on the disqualification pleas under the anti-defection law, no action has been taken since then.
The BRS also noted the lack of action from the Assembly Speaker and the Legislature Secretary, pointing out that even preliminary notices were not issued to the defected MLAs.
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