BRS MLAs disqualification row: Supreme Court seeks to know reasonable time for Telangana Speaker to decide pleas

Apex court says rights of a party cannot be permitted to be frustrated in a democracy

New Delhi: In a democracy, rights of a party couldn’t be permitted to be frustrated, the Supreme Court on Monday said while asking “reasonable time” for Telangana Assembly Speaker to decide pleas for disqualification of BRS MLAs who defected to the Congress.

A Bench of Justices BR Gavai and K Vinod Chandran was hearing two separate petitions, including the one filed by the BRS and others over the delay in deciding the disqualification petitions. “In a democracy, the rights of the parties cannot be permitted to be frustrated. We have all the respect for the other two wings, but that does not mean that Act of Parliament should itself be permitted to be frustrated,” it said.

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A High Court division Bench had said the State Legislative Assembly Speaker must decide on the disqualification petitions against the three MLAs within a “reasonable time”. One of the pleas challenged the November 2024 order of the Telangana High Court over the disqualification of three BRS MLAs, who joined the ruling Congress in the State whereas another petition related to the remaining seven legislators who defected.

In the hearing, the top court sought to know the “reasonable time” for the Speaker to decide on the disqualification petition. The Bench asked the counsel appearing for the Legislative Assembly whether the “reasonable time” could also mean the end of the term of Assembly.

“In your perception what is the reasonable time,” asked the Bench, “reasonable has to be as per the dictionary meaning.” The counsel appearing for the assembly urged the court to keep the hearing after a week. The Bench posted the matter on February 18.

“If you don’t give us a reasonable time, we are reasonable men,” said Justice Chandran. The counsel appearing for the petitioners said a three-judge Bench of the apex court had expressly said a “reasonable time” would mean within three months, barring exceptional circumstances.