Telangana High Court Directs Speaker to Decide on Disqualification of Defecting BRS MLAs Within Four Weeks

*Hyderabad, Sept 9, 2024:* The Telangana High Court today directed the Speaker of the State Legislative Assembly to take a decision on the disqualification pleas filed by BRS and BJP MLAs concerning the defection of three BRS MLAs to the Congress Party, within four weeks. A bench led by Justice B. Vijaysen Reddy stated that due to the lack of information regarding the status of the pending disqualification petitions, a case was made by the petitioners for relief. The Court instructed the Assembly Secretary to present the disqualification petition files to the Speaker and mandated that a decision be made within the next four weeks. Furthermore, the Court warned that it would reopen the case *suo moto* if the Speaker failed to act within the specified timeframe.The High Court’s order came in response to petitions filed by BRS MLAs Kuna Pandu Vivekananda and Padi Kaushik Reddy, along with BJP MLA Alleti Maheshwar Reddy. These petitioners questioned the Speaker’s delay in deciding on the disqualification of MLAs Venkata Rao Tellam, Kadiyam Srihari, and Danam Nagender, who had been elected on BRS tickets but later defected to the Congress Party.During the hearing, the petitioners’ counsel emphasized the Speaker’s inaction, despite disqualification pleas being filed more than three months ago under the Tenth Schedule of the Constitution. They expressed concern that the delay could encourage further defections from the BRS to the Congress Party, which is currently in power in Telangana.On the other hand, counsel for the defecting MLAs and the State argued against the maintainability of the writ petition, claiming that the court lacks the authority to issue a *writ of mandamus* compelling the Speaker to act on the disqualification pleas.The High Court had reserved its judgment after hearing both sides on August 10, 2024.The Court’s ruling draws parallels to the Supreme Court’s recent decision in the case of Maharashtra’s rebel Shiv Sena MLAs, where the Speaker’s delay in addressing disqualification petitions was criticized. In that case, the Supreme Court led by CJI DY Chandrachud ruled that the Speaker could not indefinitely delay proceedings under the Tenth Schedule and ordered that a timeline for hearings be set promptly.The Telangana High Court’s direction ensures that the Speaker’s decision on the disqualification of the three defecting BRS MLAs will be made by early October, following the Court’s strict four-week deadline.