BRS MLAs defection: SC to hear contempt plea against Telangana Speaker Gaddam Prasad on Nov 17

New Delhi: The Supreme Court will hear a contempt petition against Telangana Assembly Speaker Gaddam Prasad Kumar on November 17 for allegedly failing to act on the court’s directive to decide disqualification pleas against ten Bharat Rashtra Samithi (BRS) MLAs who defected to the ruling Congress.

Delay in acting on court’s order

On July 31, a Bench headed by Chief Justice BR Gavai had directed the Speaker to dispose of the disqualification petitions within three months.

The petitions, filed by BRS working president KT Rama Rao (KTR) and other leaders, sought the disqualification of 10 legislators who switched loyalties to the Congress between March and June 2024 without resigning from the BRS.

Despite repeated reminders from the BRS, the Speaker has not initiated any proceedings. On Monday, a lawyer mentioned the contempt plea before the CJI, stating that the Speaker had failed to comply with the court’s time-bound directive.

CJI fixes November 17 for hearing

Chief Justice Gavai directed that the matter be listed for hearing next Monday.

When the petitioners’ counsel expressed concern that the respondents were delaying proceedings till the end of the month, hinting at the Chief Justice’s impending retirement on November 23, the CJI remarked, “The Supreme Court will not close after November 24.”

The counsel also informed the court that no progress had been made since the July order. “Two petitions are untouched, and others are still at the evidence stage,” he said.

10 MLAs under scanner

The disqualification petitions relate to the following MLAs: Danam Nagender (Khairatabad), Bandla Krishna Mohan Reddy (Gadwal), Kadiyam Srihari (Ghanpur), Tellam Venkat (Bhadradri Kothagudem), Pocharam Srinivas Reddy (Banswada), Kale Yadiah (Chevella), T Prakash Goud (Rajendranagar), M Sanjay Kumar (Jagityal), Gudem Mahipal Reddy (Patancheru), and Arekapudi Gandhi (Serilingampally).

All ten legislators had joined the Congress in batches between March and June this year without formally resigning from their BRS membership, prompting disqualification petitions in July 2024.

BRS alleges wilful defiance

The contempt plea arises from the Supreme Court’s July 31 judgment, delivered by a Bench comprising CJI Gavai and Justice AG Masih, which held that a Speaker acts as a tribunal while deciding disqualification cases under the Tenth Schedule of the Constitution and therefore does not enjoy “constitutional immunity.”

“The very foundation of democracy is shaken when elected representatives are allowed to defect and yet continue in office without timely adjudication,” the Bench had observed.

In his petition, KTR accused the Speaker of wilful disobedience of the court’s directions, calling the delay a violation of the anti-defection law. Senior advocate Mukul Rohatgi, representing Rama Rao, pressed for an urgent hearing, arguing that the Speaker’s inaction undermines the anti-defection framework meant to curb political horse-trading.

Next steps

A Bench led by Justice Hrishikesh Roy will take up the case on November 17. The court had earlier issued notice to the Speaker in October, following the BRS plea seeking a court-monitored timeline for deciding the disqualification petitions.