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Writs in High Court to disqualify BRS MLAs who defected to Congress
Telangana High Court
Court directs Advocate-General to get instructions by June 10 Legal notes
Hyderabad: The Telangana High Court’s single bench of Justice Bollam Vijaysen Reddy on Wednesday directed Advocate-General Sudershan Reddy to get instructions from the State Legislative Assembly Speaker’s office on the status of the pending disqualification petitions of BRS legislstors Danam Nagender (Khairatabad), Venkata Rao Tellam(Bhadradri Koghagudem) and Kadiam Srihari (Ghanpur). The court was adjudicating the writ petition filed by Padi Kaushik Reddy, BRS MLA (Huzurabad), seeking disqualification of Nagender. The other writ petition was filed by Kuna Pandu Vivekananda, BRS legislator, seeking disqualification of Venkata Rao and Srihari for defecting to the Congress
The three MLAs, who were in BRS, had defected to the Congress Party after the 2023 Assembly elections; petitions to disqualify them are pending before the Speaker. On the last date of hearing, upon directions of Justice Vijaysen Reddy, the petitions pertaining to the MLAs were handed over to the GP (General Administration), who in turn ensured that they reached the Speaker’s office.
On April 15, 2024, the court had also issued notices to the MLAs, the State government, ECI and the Chief Electoral Officer, Telangana directing them to respond to the contentions of the petitioners, who seek disqualification of the MLAs who got elected on BRS ticket and without resigning had defected to the Congress, in violation of rules in vogue.
Expeditious trial, prosecution & disposal of criminal cases against MPs & MLAs of Telangana & AP adhering to SC directions in a suo motu PIL
Hearing adjourned to July 3
On Wednesday the HC division bench, comprising Chief Justice Alok Aradhe and Justice T. Vinod Kumar, adjudicated the suo motu writ petition, which was taken up by the court on the directions of SC
The Supreme Court, while adjudicating the WP(civil) No. 699/2016 dated November 9, 2023, in Ashwini Kumar Upadhyay & others Vs., Union of India and others, directed all the HCs to direct the designated courts dealing with the trial of criminal cases pending against the elected representatives (MPs & MLAs) to expedite the disposal of criminal cases registered against the MPs & MLAs in the respective States.
In compliance with the orders cited, the HC Registry has placed a report which said that there has been an increase in cases against MPs and MLAs in the State and the pendency has increased to 258. Summons have been served on the accused in 235 cases; the police secured the presence of the accused in only two cases. The CBI courts are yet to dispose of the discharge the pending petitions.
The CJ court directed the registry to circulate the directions issued by this court to all the designated courts in the State directing them to expedite trial, prosecution and disposal of cases pending against MPs and MLAs.
