Defections: Telangana High Court issues notices to Speaker, 10 MLAs

Telangana High Court issued the notices under the Tenth Schedule of the Indian Constitution and the Representation of the People Act, 1951

By LEGAL CORRESPONDENT

Hyderabad: The Telangana High Court on Monday issued notices to the Telangana Assembly Speaker and MLAs Danam Nagender, Bandla Krishnamohan Reddy, Kadiyam Srihari, Tellam Venkata Rao, Pocharam Srinivas Reddy, Kale Yadaiah, T Prakash Goud, Dr Sanjay, Gudem Mahipal Reddy and Arekapudi Gandhi following a public interest litigation filed by Praja Shanti party president KA Paul.

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The two judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao issued the notices after Paul sought judicial intervention to declare these MLAs disqualified from their positions under the Tenth Schedule of the Indian Constitution and the Representation of the People Act, 1951. The petition alleged that these legislators had violated anti-defection laws, constituting a breach of both the Constitution and electoral regulations.

The petitioner also called for directions to the Election Commission of India to ensure compliance with anti-defection laws and to declare the actions of the defecting MLAs unconstitutional. Paul also emphasized the need for measures to prevent the commercialization of elected offices, asserting that MLAs should not be treated as purchasable commodities. He also sought to restrain the accused MLAs from attending ongoing and future Assembly sessions and from exercising their voting rights. However, the bench noted that the petitioner failed to disclose whether the Assembly was in session or provide dates for future sessions. Consequently, the court denied the request for interim relief and adjourned the case for four weeks.