Suspense continues over Danam Nagender’s disqualification

Uncertainty continues over Khairatabad MLA Danam Nagender after the Assembly Speaker deferred the hearing on disqualification petitions against him to February 18. The case centres on whether contesting the Lok Sabha election on a Congress ticket amounts to defection under the Constitution

Hyderabad: Uncertainty hangs over the future of Khairatabad MLA Danam Nagender as Telangana Assembly Speaker Gaddam Prasad Kumar deferred the hearing on disqualification petitions against him to February 18.

Elected in 2023 on a Bharat Rashtra Samithi (BRS) ticket, Nagender contested the 2024 Lok Sabha election from Secunderabad as a Congress candidate. This prompted separate disqualification petitions from BRS and BJP leaders, who argued that contesting on a rival party’s symbol amounted to voluntarily giving up membership of the party on whose ticket he was elected, which is a ground for disqualification under the Tenth Schedule of the Constitution.

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Legal experts said the case hinges on how the Speaker interprets “voluntarily giving up membership”, a phrase that courts have previously held can be inferred from conduct and not just formal resignation. Nagender’s decision to contest a parliamentary election on a Congress ticket while continuing as an MLA has therefore become central to the proceedings.

However, the Khairatabad MLA’s legal team argued that he never formally resigned from the BRS nor received any expulsion notice. In affidavits submitted to the Speaker, he maintained that participating in Congress activities does not automatically sever his ties with the BRS. Referring to contesting in Lok Sabha elections on the Congress ticket, he contended that subsequent political developments cannot be used in the hearing of a petition filed earlier.

Traditionally, the Speaker can exercise broad discretion in anti-defection cases, and precedents show that disqualification is not automatic, as evidence of formal resignation or change in party membership carries significant weight. But Nagender’s open contest on a rival party’s symbol and past media reports of him embracing the Congress ranks are complicating the case.

“In seven cases so far, the Speaker dismissed petitions citing lack of conclusive evidence. But in Nagender’s case, he openly contested from another party while still holding his Assembly seat,” a BRS legal cell member and senior advocate said.

If the Speaker rules against Nagender, he could lose his Assembly seat, triggering a by-election in Khairatabad. A decision in his favour is equally likely to face a legal challenge from the petitioners, as the Speaker’s decisions are not immune from judicial review. Notwithstanding the Speaker’s decision, the political and legal battle is far from over.