SC orders Telangana Speaker to decide on 10 BRS MLAs' disqualification within 3 months

Telangana Assembly

In a landmark move, the Supreme Court has ordered the Telangana Legislative Assembly Speaker to decide on disqualification petitions against 10 BRS legislators who switched allegiance to the ruling Congress party. The Speaker has been given a strict three-month window to resolve the issue, making it clear that delaying tactics by the involved MLAs would not be tolerated.

The verdict, delivered by a bench led by Chief Justice of India BR Gavai and Justice AG Masih, overturns an earlier decision by the Telangana High Court’s division bench, which had previously set aside a single bench directive for the Speaker to expedite hearings within a month. As reported by Telangana Today, the Apex Court’s order stems from a batch of petitions that pushed for prompt action on the matter, highlighting the lengthy hold-ups that have marked previous proceedings.

As per Telangana Today, the ten MLAs facing disqualification proceedings are Danam Nagender (Khairatabad), Bandla Krishnamohan Reddy (Gadwal), Kadiyam Srihari (Station Ghanpur), Tellam Venkat Rao (Bhadrachalam), Gudem Mahipal Reddy (Patancheru), Kale Yadaiah (Chevella), Prakash Goud (Rajendranagar), Dr Sanjay (Jagtial), Arikepudi Gandhi (Serilingampalli) and Pocharam Srinivas Reddy (Banswada).

In court, it was stressed that the very purpose of vesting the power to rule on defections with the Speaker was to bypass the kinds of delays regularly faced in regular judicial forums. The bench pointed out that the intention behind this design by Parliament was to ensure swift resolutions.

Telangana Today noted that the Supreme Court made it clear: “The Speaker shall not permit the MLAs to delay the proceedings and warned that any attempt to protract will only draw adverse inference.” The Court’s rationale reflected a strong stance against allowing disqualification petitions to languish while defectors potentially benefited from postponement.

Highlighting the accountability of the Speaker’s office, the bench clarified that while the Speaker acts as a tribunal in such disqualification matters under the tenth Schedule of the Constitution, this role does not shield the office from judicial scrutiny. The Supreme Court and High Courts remain empowered to review decisions under relevant constitutional provisions, meaning the Speaker, while acting as a Tribunal under the 10th Schedule of the Constitution, does not enjoy any “constitutional immunity”, as cited by Telangana Today.