Telangana HC asks MLAs to file counters in disqualification case

The Telangana High Court has directed several MLAs accused of defecting from the BRS to the Congress to file their counters by May 6. The order came during hearings on petitions filed by BRS legislators seeking disqualification of defectors.

By Legal Correspondent 

Hyderabad: Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin of the Telangana High Court on Thursday directed several MLAs, who were elected on BRS tickets in the 2023 Assembly elections and are alleged to have defected to the ruling Congress party, to file their counters positively by May 6.

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The Bench was hearing a batch of writ petitions filed by BRS MLAs seeking disqualification of legislators who were elected on BRS tickets but subsequently joined the Congress party. 

The petitioners include BJP MLA Alleti Maheshwar Reddy and BRS MLAs Kalvakuntla Sanjay, KP Vivekanand, Palla Rajeshwar Reddy, Chinta Prabhakar, Padi Kaushik Reddy and Guntakandla Jagadeesh Reddy, who approached the Court contending that the Speaker’s recent order holding that the MLAs had not defected is illegal and liable to be set aside.

The challenge is directed against MLAs Danam Nagender, Pocharam Srinivas Reddy, T. Prakash Goud, Kale Yadaiah, Tellam Venkat Rao, Bandla Krishnamohan Reddy and Arikepudi Gandhi, Kadiyam Srihari and Dr. Sanjay Kumar.

When the matter was taken up, counsels appearing for the respondent MLAs sought time to file their counters. Advocate General A. Sudarshan Reddy appeared for the State in one of the petitions, while Tulsi Raj Gokul, Standing Counsel for the Telangana State Legislature, represented the Assembly Speaker.

At the outset, the Bench was inclined to grant three weeks’ time for filing counters and a further three weeks for the petitioners to file their replies, indicating that the matter could be posted after the summer vacation. However, counsel for the petitioners opposed the extended timeline, expressing apprehension that the respondents may delay the proceedings by repeatedly seeking time.

It was pointed out that in earlier proceedings relating to disqualification, despite observations of the Supreme Court that such matters ought to be decided within a reasonable period, there had been considerable delay. It was also brought to the notice of the Court that when the disqualification petitions were not being decided, the BRS MLAs had approached the Supreme Court, which had directed the Speaker to dispose of the petitions and had even initiated contempt proceedings.

Subsequently, after the Speaker dismissed the petitions citing lack of evidence, the proceedings before the apex court were closed. Taking note of the concerns raised, the High Court directed that the respondent MLAs shall file their counters “positively by May 6” and adjourned the matter to the same date for further hearing.