Telangana HC sets Sept 16 for Danam disqualification verdict

The Telangana high court on Friday reserved its verdict on two petitions challenging the assembly speaker's ruling in the disqualification proceedings against Khairatabad MLA Danam Nagender. A division bench of Chief Justice…

The Telangana high court on Friday reserved its verdict on two petitions challenging the assembly speaker's ruling in the disqualification proceedings against Khairatabad MLA Danam Nagender. A division bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin set September 16 for the pronouncement of judgment after hearing detailed arguments from all parties.

Telangana HC sets Sept 16 for Danam disqualification verdict

The petitions were filed by BJP MLA Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy, who sought Nagender's disqualification under the anti-defection law. They argued that Nagender, elected on a BRS ticket, voluntarily gave up party membership by contesting the Lok Sabha elections as a Congress candidate and campaigning for the party, even without a formal resignation.

The speaker, acting as tribunal chairman under the Tenth Schedule, had earlier ruled that Nagender had not legally changed parties. Counsel for Nagender argued that the defection allegation was based only on his meeting the chief minister and wearing a Congress scarf in photographs, with no explicit declaration from him. Assembly records still show Nagender as a BRS member.

Indian Opinion Analysis

This case tests the boundary of the anti-defection law under the Tenth Schedule, where 'voluntarily giving up membership' can be inferred from conduct, not just a resignation letter. The Supreme Court has held that the speaker's decision is subject to judicial review, and the high court's ruling will set a precedent for similar cases pending against eight other MLAs who moved from BRS to Congress. The core issue is whether contesting elections for another party constitutes defection regardless of formal party records. A key signal to watch is whether the court upholds the speaker's discretion or broadens the definition of defection, which could affect the stability of the ruling coalition.


Source: timesofindia.indiatimes.com

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