Hyderabad: The Telangana High Court on Friday disqualified Khairatabad MLA Danam Nagender from the State Legislative Assembly, holding that he had incurred disqualification after contesting the 2024 Lok Sabha elections as a Congress candidate while continuing as a Bharat Rashtra Samithi MLA.
The Court held that the Khairatabad Assembly seat had consequently fallen vacant, paving the way for a fresh election.
A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin set aside the decision of the Telangana Legislative Assembly Speaker Gaddam Prasad Kumar, who had rejected petitions seeking Nagender's disqualification under the anti-defection law.
The judgment was delivered on petitions filed by BJP Legislature Party leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy challenging the Speaker's decision in relation to Nagender's alleged defection.
Nagender was elected from the Khairatabad constituency in the 2023 Telangana Assembly elections on a BRS ticket.
He subsequently joined the Congress and contested the 2024 Lok Sabha election from the Secunderabad seat as a Congress candidate while continuing to hold his Assembly membership.
The petitioners contended that his conduct amounted to voluntarily giving up his membership of the BRS, attracting disqualification under the Tenth Schedule of the Constitution.
The Supreme Court had earlier directed the Telangana Assembly Speaker to decide the pending disqualification petitions against MLAs accused of defection.
Following the Speaker’s decision in Nagender’s case, the petitioners approached the High Court challenging the rejection of their pleas.
The High Court has ordered Nagender’s disqualification with effect from April 23, 2024 - the date on which he contested the Secunderabad Lok Sabha constituency as a Congress candidate while being a BRS MLA.
The Bench also declined a request by Nagender’s counsel to keep the disqualification order in abeyance to enable him to challenge it in appeal.
The High Court will communicate its decision to the Election Commission of India (ECI), Telangana Governor and Telangana Assembly Speaker.
Reacting on the decision, Bahujan Freedom Party President M.A Mujeeb appreciated the role of the Higher Judiciary in setting the democratic fabric in line with the Constitution and welcomed the decision as the slap on the faces of the Chief Minister Revanth Reddy and Prime Minister Narendra Modi.
Bahujan Freedom Party advised them to mends their ways to protect the democracy at the peril of their assured public service.
Mujeeb looked forward for the instrumental working of the higher judiciary
