The Telangana High Court on Friday disqualified Khairatabad MLA Danam Nagender from the State Legislative Assembly, holding that he had incurred disqualification after contesting the 2024 Lok Sabha elections as a Congress candidate while continuing as a BRS MLA.

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 judgment was delivered on petitions filed by BJP Legislature Party leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy challenging the Speaker's decision in relation to Nagender's alleged defection.

Nagender had been elected from the Khairatabad constituency in the 2023 Telangana Assembly elections on a BRS ticket. He subsequently joined the Congress and contested the 2024 Lok Sabha election from Secunderabad as a Congress candidate while continuing to hold his Assembly membership. The petitioners contended that his conduct amounted to voluntarily giving up his membership of the BRS, attracting disqualification under the Tenth Schedule of the Constitution.

The Supreme Court had earlier directed the Telangana Assembly Speaker to decide the pending disqualification petitions against MLAs accused of defection. Following the Speaker's decision in Nagender's case, the petitioners approached the High Court challenging the rejection of their pleas.

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.

A detailed copy of the judgment is awaited.