Telangana HC serves notices to Speaker, ECI over 10 MLAs’ defection

A file photo of Telangana High Court building in Hyderabad
| Photo Credit: NAGARA GOPAL

Telangana High Court on Monday (September 23, 2024) issued notices to the Speaker of the Assembly and 10 MLAs, who got elected on Bharat Rashtra Samithi (BRS) party ticket but eventually joined the ruling Congress party, in a PIL petition filed by Dr. K.A. Paul of Prajashanthi Party.

A bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao directed the Speaker, 10 legislators and others including the Election Commission of India to file their responses within four weeks. Mr. Paul filed the PIL plea seeking several directions citing the names of 10 MLAs.

They are as follows: Danam Nagender-Khairatabad, Bandla Krishna Mohan Reddy-Gadwal, Kadiyam Srihari-Ghanpur, Tellam Venkat Rao-Bhadradri Kothagudem, Pocharam Srinivas Reddy-Banswada, Kale Yadaiah-Chevella, T. Prakash Goud-Rajendranagar, M. Sanjay Kumar-Jagityal, Gudem Mahipal Reddy-Patancheru and Arekapudi Gandhi-Serilingampally.

The petitioner wanted the HC to pass an order disqualifying the MLAs under the provisions of the Tenth Schedule of the Constitution and the Representation of People Act-1951. He requested the court to instruct the ECI to ensure the anti-defection laws were implemented strictly vis-a-vis the defection of 10 MLAs in the State. Mr. Paul’s prayer included initiating steps to prevent the commercialisation of elected representatives and they becoming purchasable commodities.

Already, a single judge of the HC had earlier directed the office of the Speaker of the Assembly to announce schedule for the hearing of disqualification petitions presented by BRS MLAs with regard to Danam Nagender, Kadiyam Srihari and Tellam Venkat Rao. The judge passed the order after hearing writ petitions filed by two BRS MLAs and the BJP floor leader. Mr. Paul furnished order copy of the single judge in his PIL plea.

The bench led by the CJ, however, rejected the petitioner’s request that the 10 MLAs be restrained from attending the ongoing or future Assembly sessions and exercising their power or right to vote. This interim relief cannot be granted since the petitioner did not specifically disclose if the Assembly was in session or future sessions of the Assembly.