
The Telangana high court on Wednesday began hearing BRS petitions challenging the assembly speaker's dismissal of disqualification cases against 10 MLAs who defected to the ruling Congress. A division bench of Chief…
The Telangana high court on Wednesday began hearing BRS petitions challenging the assembly speaker's dismissal of disqualification cases against 10 MLAs who defected to the ruling Congress. A division bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin will continue the hearing on Thursday.
BRS counsels K Vivek Reddy and Gandra Mohan Rao argued that Khairatabad MLA Danam Nagender's conduct of winning on a BRS ticket and then contesting Lok Sabha polls on a Congress ticket amounts to voluntarily giving up party membership. Citing a Supreme Court ruling, they said disqualification is automatic once a member contests from another party, calling the speaker's decision 'perverse, unsustainable, and unconstitutional'.
The narrative that the speaker's order is 'perverse and unconstitutional' ignores the reality that speakers have long used procedural discretion to protect ruling coalitions. Both Congress and BRS have shielded defectors when it suited them. The real test will be whether the HC holds the speaker to the strict Supreme Court precedent that crossing the floor to contest against your old party is automatic disqualification. If the court agrees, every defector's seat could be up for a bypoll. Will the judges apply black-letter law or leave room for political interpretation?
Source: timesofindia.indiatimes.com
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