MLAs disqualification: HC Suggests Assembly Speaker to Act in a Timely Manner

Hyderabad:  The Telangana High Court on Friday delivered its verdict on the disqualification petitions of MLAs who have defected from their parties. It suggested the Assembly Speaker should make a decision on these petitions in a timely manner. The High Court, led by Chief Justice Alok Aradhe, recommended that the Speaker should decide on the disqualification petitions, keeping in mind the anti-defection law under the Tenth Schedule and the five-year term of the Assembly.

Key Points of the Verdict:

  • Division Bench’s Decision: The division bench overturned the single bench’s order, which had directed the Speaker to make a decision within four weeks. The division bench clarified that there is no specific time frame for the Speaker to make a decision.
  • Petitions Filed by BRS MLAs: The single judge had previously allowed petitions filed by BRS MLAs on September 9, which were challenged by Assembly Secretary V. Narasimhacharyulu and another petitioner.
  • Arguments Presented: Advocate General Sudarshan Reddy argued for the cancellation of the single judge’s order, while senior advocates Mohan Rao and J. Ramachandra Rao represented the BRS MLAs, stating that the Speaker had not accepted the petitions against the defected MLAs, leading them to approach the High Court.

Background:

The Telangana High Court’s decision underscores the ongoing legal and political complexities surrounding the disqualification of MLAs in the state. The court’s suggestion for a timely decision by the Speaker aims to ensure adherence to the anti-defection law and maintain the integrity of the legislative process.

In all ten MLAs of the Bharat Rashtra Samithi (BRS) MLAs defected to the Congress. They  include Danam Nagender, Kadiyam Srihari, and Tellam Venkat Rao against whom the petition was filed.

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