Decide Remaining Disqualification Petitions In Three Weeks Or Face Contempt : Supreme Court Warns Telangana Speaker

The Supreme Court today(February 6) issued another last warning to the Speaker of the Telangana Legislative Assembly, directing him to "positively" decide the remaining disqualification petitions within three weeks in connection with the defection of ten MLAs from the Bharat Rashtra Samithi to the Indian National Congress. It added that if the decision is not taken this time, the Court will be compelled to issue contempt orders. After the order was pronounced, the Court orally asked the petitioner not make reels on this matter.A bench comprising Justice Sanjay Karol and Justice AG Masih was hearing the compliance pursuant to the Court's July 31, 2025 order, wherein the Court had granted three months for the Speaker to decide on petitions seeking the disqualification of 10 BRS MLAs, who had allegedly crossed over to the Congress.Since the Speaker refused to act within the timeline, contempt petitions were filed. After a stern warning from the Court, the Speaker, in last December, decided seven petitions, by rejecting them. However, three others are still pending. On January 16, when the matter was taken up, Senior Advocate Abhishek Manu Singhvi and Senior Advocate Mukul Rohagti (for State of Telangana) sought an adjournment for two weeks. The Court granted the adjournment for two weeks on grounds that they expect some development in the three cases. Today, Singhvi informed that in one case, the decision has been taken. In the other two cases, he informed that the Speaker is on the verge of taking a decision and sought three weeks. He added that Municipal Elections were there and it was the otherside which had sought time.However, a counsel appearing for one of the petitioners objected to the adjournment being sought again. He said that the Speaker has sought adjournment thrice."The facts are being twisted in the wrong way...there is nothing to do with municipal elections. After January 16, the Court granted them two weeks, and it was their admission that within four weeks they will [take] decision. Kindly see their own affidavit. After 16.1., they have the proceedings on 30th January, after two weeks. Just asking me to file the chief, I filed within 3 days. After that, they posted for 19th. I am asking myself, what made the Speaker to only hold one hearing? This is wrong. Kindly see the cases. He has contested from my party as an MLA, he won. Within six months, he contest MP from Congress, he losses and still continues from my party. What is there to decide in this case? Second case, his own daughter contest MP from Congress, and she wins. Nothing remains," he submitted. Justice Karol told the counsel that the Speaker in the previous hearing had sought for three weeks, but the Court had granted him two weeks to see if there was any development. Considering that a decision has been taken, it would be appropriate to grant them some more time."We expect the Speaker to positively take a decision, failing which we shall proceed to issue contempt," the Court ordered.After pronouncing the Order, Justice Karol told the petitioner orally: "We request you not make reels out of it. This is what is happening. Don't do. What is happening is, its a new industry."BackgroundThree MLAs viz. Venkata Rao Tellam, Kadiyam Srihari, and Danam Nagender were elected on a BRS Ticket during the 2023 assembly polls, but defected to the Congress Party (ruling in Telangana). Questioning inaction of the Telangana Legislative Assembly Speaker for over 3 months, in deciding the disqualification pleas preferred against the MLAs who defected, BRS MLAs Kuna Pandu Vivekananda and Padi Kaushik Reddy, and BJP MLA Alleti Maheshwar Reddy, moved the Telangana High Court.The petitioners before the High Court contended that the delay in deciding of the disqualification petitions could give the ruling party a chance to enable more defections from BRS. Counsel representing the defecting MLAs and State, on the other hand, questioned the maintainability of the petitioners' writ petition, arguing that the Court lacked jurisdiction to issue a writ of mandamus against the Speaker to decide upon the disqualification pleas.On September 9, 2024 a Single bench of the High Court directed the Speaker of the State Legislative Assembly to fix a schedule of hearing within four weeks to decide upon the disqualification pleas. Against this judgment, the Telangana Legislative Assembly (through its Speaker) preferred a writ appeal.In November, 2024, the Division Bench of the High Court set aside the Single bench judgment and held that the Speaker of the State Legislative Assembly must decide the disqualification petitions within a reasonable time.Challenging the order of the Division bench (which set aside the direction to the Speaker to fix a schedule for hearing of the disqualification pleas within 4 weeks), MLA Padi Kaushik Reddy, and others, moved the Supreme Court. In July last year, the Supreme Court set aside the High Court Division Bench's order, and directed the ...

Decide Remaining Disqualification Petitions In Three Weeks Or Face Contempt : Supreme Court Warns Telangana Speaker

Gursimran Kaur Bakshi

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