Supreme Court to Telangana Speaker: decide on disqualification of BRS MLAs who defected to Congress within 3 months
A bench of Chief Justice of India (CJI) B R Gavai and Justice A G Masih was hearing petitions filed by BRS leaders who sought a directive to Speaker Gaddam Prasad Kumar for timely action on disqualification proceedings.
The BRS had initially moved the Telangana High Court, where a single-judge bench gave the Speaker four weeks to fix a schedule for hearing the disqualification petitions. On appeal by the Speaker, a division bench on November 22, 2024, set aside the single-judge order and asked the Speaker to decide the petitions in a reasonable time.
Setting aside the Telangana High Court division bench's order, the Supreme Court said the very objective of the anti-defection law was to curb the evil of political defections, and the only purpose of entrusting the role of adjudication to the Speaker was to avoid delay and to ensure expeditious decision on disqualification petitions.
The bench noted that the Speaker, in his capacity as Tribunal, in deciding disqualification petitions, does not enjoy any 'constitutional immunity'. It asked the Telangana Speaker not to allow the MLAs, against whom disqualification petitions have been filed, to protract the proceedings. The court said an adverse inference can be drawn against any MLA who attempts a delaying tactic.
The ruling pointed out that the Speaker had not even issued notice on the petitions seeking disqualification for almost seven months and said, 'If we do not issue any directions, it will amount to allowing the Speaker to repeat the widely criticised situation of 'operation successful, patient dead'.'
Noting the recurring instances of Speakers allegedly sitting on disqualification proceedings, the Supreme Court also asked the Parliament to review the present mechanism contemplated under the 10th Schedule of the Constitution.
'Though we do not possess any advisory jurisdiction, it is for the Parliament to consider whether the mechanism of entrusting the Speaker/Chairman (with) the important task of deciding the issue of disqualification on the ground of defection is serving the purpose of effectively combating political defections or not. If the very foundation of our democracy and the principles that sustain it are to be safeguarded, it is to be examined whether the present mechanism is sufficient or not. At the cost of repetition, we observe that it is for the Parliament to take a call on that,' the Supreme Court said.
The BRS filed the disqualification petitions before the Telangana Assembly Speaker in March-April 2024. This was after Danam Nagender, Kadiyam Srihari, Tellam Venkat Rao, Pocharam Srinivas Reddy, Kale Yadaiah, M Sanjay Kumar, Krishnamohan Reddy, Mahipal Reddy, Prakash Goud, and Arekapudi Gandhi, who were originally elected on a BRS ticket in the 2023 Telangana Assembly elections, switched to the Congress.
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