HC issues notices to Speaker, Danam in disqualification petition

Hyderabad: The Telangana High Court division bench of Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin on Monday issued notices to the Speaker of the State Assembly and MLA Danam Nagender (Khairatabad), in a writ seeking his disqualification from the legislature. The petition was filed by Alleti Maheshwar Reddy, BJP floor leader.

Reddy seeks to quash and set aside the order dated March 11 passed by the Speaker dismissing the earlier disqualification petition filed against Nagender.

Nagender was elected to the Assembly in 2023 on a BRS ticket from the Khairatabad constituency. In 2024, without resigning from the party, he contested the Lok Sabha elections on a ticket of the Congress party, against the BRS candidate, and was unsuccessful. He presently represents the Congress in the Assembly.

Senior counsel Vivek Reddy, appearing for the petitioner, submitted before the bench that Nagender’s act of contesting the LS elections on Congress ticket, while continuing as a member of the BRS, constitutes voluntary relinquishment of his membership within the meaning of paragraph 2(1)(a) of the Tenth Schedule to the Constitution. The counsel placed reliance on the Supreme Court’s judgment in Mahachandra Prasad Singh Vs Bihar Assembly, reported in (2004) 8 SCC 747, in support of this contention.

Reddy submitted that the Speaker’s ruling, to the effect that his jurisdiction is limited to examining the conduct of a member within the Assembly and does not extend to conduct outside, is contrary to the law laid down by the SC judgment cited. The bench granted Reddy one week to effect personal service of notice upon Nagender.

The notice issued to the Speaker was received in court by A Sudarshan Reddy, Advocate-General, appearing as senior counsel, who informed the bench that a counter-affidavit would be filed on behalf of the Speaker.

In addition to seeking quashing of the Speaker’s order dismissing the disqualification petition, the petitioner prayed for directions that Nagender be subjected to all consequences and penalties applicable upon disqualification, that all benefits, including salary drawn by him as MLA from the date of filing of his nomination affidavit for the LS elections, being April 23, 2024, be returned; and that all actions taken by Nagender in his capacity as MLA on and from April 23, 2024, be made subject to the outcome of the writ.

The bench adjourned the case to April 16 for filing of counter-affidavits by the respondents.