'No proof of defection': How Telangana Speaker junked BRS case against 5 MLAs

Speaker Prasad Kumar read out the ruling in his chamber in the presence of the petitioners and respondents.

The Telangana Legislative Assembly Speaker Gaddam Prasad Kumar, acting as the Chairman of the Tribunal under the Tenth Schedule of the Constitution, on Wednesday dismissed disqualification petitions filed against five MLAs.

According to a report by Times of Inda, the Speaker found no material to establish that they violated the anti-defection law.

The Speaker read out his order on the disqualification petitions filed against five legislators — Tellam Venkata Rao from Bhadrachalam, Bandla Krishnamohan Reddy from Gadwal, Gudem Mahipal Reddy from Patancheru, T Prakash Goud from Rajendranagar, and Arekapudi Gandhi from Serilingampally assembly constituencies.

Soon after the Speaker's ruling, the  BRS said it would challenge the decision in the high court. BRS working president KT Rama Rao termed it "a clear case of double standards" by LoP in Lok Sabha, Rahul Gandhi, and Congress in protecting the MLAs even after they allegedly admitted publicly to defecting "in the name of development".

According to an official press note issued by the Telangana State Legislature Secretariat on Wednesday, the disqualification petitions were filed under the provisions of the Tenth Schedule of the Constitution of India and the Members of Telangana Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986. The petitions sought to disqualify certain MLAs for voluntarily resigning from their respective political parties.

The press note stated that the Speaker, after examining the petitions, considering the material placed on record, and strictly adhering to the principles of natural justice by granting adequate opportunity to hear all concerned parties, pronounced his decision on five petitions.

"After considering the merits of the above petitions, the Hon'ble Speaker and the Chairman, Tribunal, hereby dismissed them," the press note said.

The Legislature Secretariat added that uploading detailed orders related to the disqualification petitions on the official website of the Telangana Legislative Assembly is currently underway.

The decision, for now, brings closure to the pending defection-related cases before the Speaker under the anti-defection law.

The Speaker’s office said out of disqualification petitions against 10 MLAs, Kumar had completed hearings in eight cases so far. The speaker delivered orders on five cases on Wednesday and the verdict on the remaining three MLAs – Pocharam Srinivas Reddy from Banswada, Kale Yadaiah from Chevella and M Sanjay Kumar from Jagitial would be delivered on Thursday.

The judgements were pronounced following a direction from Supreme Court on November 17, setting a deadline of four weeks to complete the process on the disqualification petitions filed by the BRS against the MLAs, who allegedly defected to the BRS.

The Tenth Schedule deals with the disqualification on grounds of defection, while Articles 122 and 212 bar judicial scrutiny of proceedings in Parliament and state legislatures.

The bench held Prasad Kumar had failed to act with due promptness in deciding the disqualification petitions against 10 MLAs. The bench also observed that the Speaker did not issue notices on the disqualification petitions for more than seven months.p