Click the Play button to listen to article

The Supreme Court on Thursday dismissed the petition filed by former Khairatabad MLA Danam Nagender challenging the Telangana High Court's judgment disqualifying him from the Telangana Legislative Assembly under the Tenth Schedule of the Constitution for defection from the Bharat Rashtra Samiti (BRS) party to the Indian National Congress.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana observed that the High Court's judgment is based on a correct interpretation of law, and no interference was called for.

As soon as the matter was taken up, Justice Bagchi, referring to the petitioner, who was a BRS MLA in 2023,  contesting as a Congress candidate for the Lok Sabha elections in 2024, commented in a lighter vein, "You had a fixed deposit as MLA, you tried for share market as MP, and now you lost the Fixed Deposit."

Senior Advocate Mukul Rohatgi, for the petitioner, submitted that there is a provision in the Tenth Schedule to condone the act of a member giving up party membership. "Ghar Wapasi?" Justice Bagchi commented, again in a lighter vein.

Rohatgi, referring to Paragraph 2(1)(b) of the Tenth Schedule, submitted that there is a provision where the party can condone the act of the member. The bench however pointed out that this provision is applicable only to Para 2(1)(b) regarding voting against the whip, and not to Para 2(1)(a), which deals with giving up of party membership. 

"Your case is 'aaya Ram, gaya Ram, phir aaya Ram'?" Justice Bagchi asked jovially.

The counsel representing BRS however denied that the party has condoned the act of Danam Nagender, and underscored that it was the BRS member who filed the disqualification petition. 

The bench then stated that there was no ground for interfering with the High Court's decision.

The High Court had held that Nagender incurred disqualification under the anti-defection law after he contested the 2024 Lok Sabha elections as a Congress candidate while continuing to be a sitting MLA elected on a Bharat Rashtra Samithi (BRS) ticket.

Nagender had won the Khairatabad Assembly constituency in the 2023 Telangana Assembly elections as a BRS candidate. He subsequently joined the Congress and contested the 2024 Lok Sabha elections from the Secunderabad constituency on a Congress ticket.

A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin set aside the decision of Telangana Legislative Assembly Speaker Gaddam Prasad Kumar, who had rejected petitions seeking Nagender's disqualification under the anti-defection law. The Court held that the Khairatabad Assembly seat had consequently fallen vacant, paving the way for a fresh election.

The High Court has ordered Nagender's disqualification with effect from April 23, 2024, the date on which he contested the Secunderabad Lok Sabha constituency as a Congress candidate while being a BRS MLA. The Bench also declined a request by Nagender's counsel to keep the disqualification order in abeyance to enable him to challenge it in appeal.

Case : DANAM NAGENDER Vs ALLETI MAHESHWAR REDDY | SLP(C) No. 33735-33736/2026


Tags: