Supreme Court orders Telangana speaker to act on BRS MLAs’ disqualification petitions within 3 months

New Delhi: The Supreme Court came down heavily on Telangana speaker Gaddam Prasad Kumar, directing the speaker to look into the petitions of disqualification of 10 Bharat Rashtra Samithi MLAs within three months, starting July 31.

The 10 MLAs who were disqualified are Danam Nagender, Kadiyam Srihari, Tellam Venkat Rao, Pocharam Srinivas Reddy, Kale Yadaiah, M Sanjay Kumar, Bandla Krishnamohan Reddy, Gudem Mahipal Reddy, T Prakash Goud and Arekapudi Gandhi.

What did the Supreme Court say?

1) The disqualification petitions cannot be kept pending by the speaker during the term of the Assembly.

2) The speaker has not even issued notice to the defected MLAs in the last seven months, which is not right.

3) The objective of the 10th Schedule is compromised.

4) The political defections pose a serious threat to democracy and must be curbed, said the court, emphasising that it is not good for democracy.

5) Rejection of the High Court order, which gave the speaker a reasonable time to decide, is considered judicial intervention.

6) The SC explicitly warned that no MLA shall be allowed to prolong the disqualification process, and any such attempt may lead the speaker to draw ‘adverse inferences.’

7) The speaker must act as a tribunal authority and does not enjoy constitutional immunity in such matters.

8) Kihoto Hollohan Judgment: The court cited the Kihoto Hollohan judgment (1992), a landmark case that upheld the constitutionality of the Anti-Defection Law (Tenth Schedule) but also established that the speaker’s decision in disqualification cases is subject to judicial review. The current ruling reinforces the principle that speakers must decide these pleas promptly, without allowing undue delays.

9) Call for Parliamentary Review: The Supreme Court also made an important observation, urging Parliament to review the current mechanism of entrusting the speaker with the task of deciding disqualification issues. The court noted that speakers often delay such proceedings, frustrating the purpose of the anti-defection law and posing a danger to democracy.

10) The verdict is being seen as a crucial step towards upholding the integrity of the democratic process.

BRS leaders, including KT Rama Rao, who filed the petitions, have welcomed the decision, which could potentially lead to by-elections in the constituencies of the defecting MLAs.