MLAs Disqualification: Supreme court sets three-month deadline
MLAs Disqualification | Hyderabad / New Delhi, July 31: In the matter relating to the defection of ten BRS MLAs in Telangana to the Congress party, the Supreme Court here on Thursday directed the Speaker of the Telangana Legislative Assembly to decide the petitions seeking their disqualification under the Tenth Schedule of the Constitution within a period of three months from today.
The Court observed that it cannot allow a situation of “operation successful, but patient died” by allowing the disqualification petitions to remain pending during the term of the assembly, allowing the defectors to reap the benefits of the delay.
The Court observed that the Speaker, while acting as a Tribunal under the tenth schedule, does not enjoy any “constitutional immunity“. The Court also directed the Speaker not to allow the MLAs, who face the disqualification petitions, to protract the proceedings. If the MLAs make any such delaying tactics, adverse inference can be drawn against them, the Court added.
MLAs Disqualification: The 10 MLAs in question are:-
Danam Nagender (Khairatabad), Bandla Krishnamohan Reddy (Gadwal), Kadiyam Srihari (Station Ghanpur), Tellam Venkat Rao (Bhadrachalam), Gudem Mahipal Reddy (Patancheru), Kale Yadaiah (Chevella), Prakash Goud (Rajendranagar), Dr. Sanjay (Jagtial), Arikepudi Gandhi (Serilingampalli) and Pocharam Srinivas Reddy (Banswada).
According to legal news portal “Live Law”, a bench comprising Chief Justice of India Justice BR Gavai and Justice AG Masih delivered the verdict in three cases pertaining to BRS MLAs’ defection to the ruling Congress party in Telangana and the Assembly Speaker’s delay in deciding consequent disqualification petitions.
The Court made it clear that the Speaker shall not permit the MLAs to delay the proceedings and warned that any attempt to protract will only draw adverse inference. The bench observed that it cannot allow the disqualification petitions to remain pending during the term of the Assembly, letting the defectors to reap the benefits of the delay.
The Apex court’s direction came while hearing a batch of petitions seeking a time-bound decision from the Speaker.
The court emphasised that the purpose of entrusting disqualification matters to the Speaker or the Chairman was to avoid the prolonged delays seen in the courts. It noted that the Parliament had envisioned a quicker mechanism by vesting powers in the Speaker for expeditious disposal.
Further, the court clarified that while the Speaker acts as a tribunal in such matters, his decisions remain subject to judicial review under Articles 136 and 226/227 of the Constitution, thereby keeping the jurisdiction of the Supreme Court and High Courts intact.
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