Supreme Court to continue hearing MLA disqualification case next week; BRS, Congress in war of words
The ruling is expected to have significant political ramifications as the opposition BRS has been demanding their disqualification under the anti-defection law
Hyderabad: The Supreme Court is slated to continue hearing in the case of 10 BRS MLAs, who defected to the ruling Congress in Telangana, on March 3 and likely to pronounce its much-anticipated verdict soon.
The ruling is expected to have significant political ramifications, as the opposition BRS has been demanding their disqualification under the anti-defection law.
Originally scheduled for a hearing on February 18, the case was deferred as the Bench comprising Justices BR Gavai and K Vinod Chandran was occupied with a Constitution Bench. The BRS has accused the Telangana Assembly Speaker of deliberately stalling the disqualification process, violating constitutional provisions. It sees the Supreme Court verdict as a test of justice, while the Congress remains confident.
In fact, during a public meeting at Nizamabad on Monday, Chief Minister A Revanth Reddy dismissed the possibility of byelections, arguing that similar defections in the past did not lead to polls. However, his remarks have been criticised as misleading as past mergers were constitutional, whereas these defections violate the law.
“Were any byelections held in the past? There was a Speaker then and there were courts as well. Now too, there is a Speaker and the courts too. Why will there be byelections now?” he asked. The remarks not only undermines the judiciary and the Constitution, but also belittles the Congress’ national policy against defections, opposition leaders point out.
The defected MLAs include Danam Nagender, Kadiyam Srihari, Tellam Venkat Rao, Pocharam Srinivas Reddy, Bandla Krishnamohan Reddy, Kale Yadaiah, T Prakash Goud, Arekapudi Gandhi, Gudem Mahipal Reddy and M Sanjay Kumar.
The BRS filed disqualification petitions in June-July 2024, but the Speaker has yet to act. The BRS then approached the Telangana High Court, which initially directed the Speaker to act within four weeks in September last year. But later, a Division Bench revised its stance, allowing a ‘reasonable time’. With 10 months elapsed and no progress, BRS moved the Supreme Court, arguing that the delay erodes public trust in democracy. Following arguments on both sides, the case was listed for February 18.
The Tenth Schedule of the Constitution mandates disqualification of legislators who switch parties without resigning. The Supreme Court, in Keisham Meghachandra Singh vs Manipur Legislative Assembly (2020), ruled that Speakers must decide such cases within three months. The Telangana Speaker’s delay has raised questions on whether constitutional safeguards can override political manoeuvering.
If the Supreme Court rules against the defected MLAs, it could trigger byelections in 10 constituencies, potentially altering the State’s political situation. The verdict will also clarify whether Speakers can indefinitely delay disqualification proceedings, a practice widely criticised as undermining democracy.
