HC issues notices to Danam, CEC: Writ seeks MLA’s disqualification

Hyderabad: The Telangana High Court’s single bench of Justice Bollam Vijaysen Reddy on Monday issued notices to the Principal Secretary (Law & Legislative department), Secretary, TS Assembly, Chief Election Commissioner, MLA Danam Nagender (Khairatabad), directing them to respond by April 25, replying to contentions of the petitioner in the writ filed by Padi Kaushik Reddy, Huzurabad MLA (BRS).

The petitioner sought a direction to the Assembly Speaker to take a decision on the disqualification petition filed by him and pending before the Speaker since March 18. Nagender, who had won on BRS ticket in the 2023 Assembly elections, defectedto the Congress without resigning from the BRS.

Gandra Mohan Rao, senior counsel appearing for Kaushik Reddy, informed the court that the petitioner is BRS MLA and has locus standi to file the writ. The Speaker is not allowing any member to enter his chamber to give a petition regarding disqualification of the MLAs who have switched to the ruling party. The Speaker has instructed his secretary not to allow any member to enter his chamber, if they intend to complain on disqualification of MLAs.

The disqualification petition had to be sent to the Speaker through RPAD, as they were not allowed to enter his chamber, averred the counsel. He told the court that the Speaker can be issued a notice, in the petition, as the Supreme Court, while dealing with similar cases has said that the Speaker shall decide the disqualification petition by fixing a time-limit, within which he has to pass orders.

‘It is an open and shut case, as Nagender got elected as MLA on BRS ticket and has defected to the Congress without resigning from the party. He has also been permitted to contest the ensuing Lok Sabha elections from the Secunderabad constituency, the counsel said.

Sudershan Reddy, Advocate-General, informed the court that the Speaker has to be respected and he can’t be made to rush things in the issue. The erstwhile Speaker had kept many disqualification petitions pending; they were kept till such time when they became infructuous. The judge was adjudicating the petition filed by Kaushik Reddy seeking a direction to the Speaker to disqualify Nagender for switching over to the Congress party.

The petitioner said Nagender got elected as MLA in the last general elections held on December 3, 2023 on BRS ticket by filing B-form issued by the party. Therefore, as per para 2(1) of the X schedule of the Constitution, he belongs to the BRS party since the day of his filing nomination and getting elected as MLA.

Hearing in the case was adjourned to April 25.