Telangana HC quashes single bench order on defected MLAs, directs speaker to decide

Key Takeaways

  • The Telangana High Court Division Bench has quashed the earlier order on defected MLAs and directed the Speaker to take a decision in accordance with the Prevention of Defection Act and the 10th Schedule of the Constitution.
  • The Speaker has been instructed to resolve the matter within a reasonable time, as mandated by the Constitution.
  • The verdict has implications for the political landscape of Telangana and the fate of MLAs who switched parties.

Hyderabad: The Telangana High Court Division Bench on Friday delivered its verdict on the disqualification petitions concerning defected MLAs.

The Chief Justice-led bench quashed the earlier order and directed the Speaker to take a decision in accordance with the Prevention of Defection Act and the 10th Schedule of the Constitution. The Speaker must do so within a reasonable time, as mandated by the Constitution.

Previously, the single bench had ordered Assembly Speaker Gaddam Prasad Kumar to set a four-week timeframe for deciding on the disqualification of MLAs who switched parties. This order was challenged by the Assembly Secretary, who filed a writ appeal with the Division Bench.

In its verdict, the High Court clarified that while the Speaker should take the final decision, there is no fixed time frame mandated. Instead, the Speaker has been instructed to resolve the matter within a “reasonable time.”

The petitions were filed by BRS MLAs Padi Kaushik Reddy and K P Vivekanand, seeking the disqualification of Kadiyam Srihari, Tellam Venkat Rao, and Danam Nagender, who were elected as BRS MLAs but subsequently joined the Congress.

Additionally, BJP Legislature Party Leader Yelleti Maheshwar Reddy filed a petition seeking the disqualification of Danam Nagender.

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