BRS MLAs disqualification row: Rights of political party can't be frustrated, says SC

A bench of Justices B R Gavai and K Vinod Chandran was hearing two separate petitions, including the one filed by the BRS and others over the delay in deciding the disqualification petitions.

"In a democracy, the rights of the parties cannot be permitted to be frustrated. We have all the respect for the other two wings but that does not mean that Act of Parliament should itself be permitted to be frustrated," it said.

A high court division bench had said the state legislative assembly speaker must decide on the disqualification petitions against the three MLAs within a "reasonable time".

One of the pleas challenged the November 2024 order of the Telangana High Court over the disqualification of three BRS MLAs, who joined the ruling Congress party in the state whereas another petition related to the remaining seven legislators who defected.

In the hearing, the top court sought to know the "reasonable time" for the speaker to decide on the disqualification petition. The bench asked the counsel appearing for the legislative assembly whether the "reasonable time" could also mean the end of the term of assembly.

"In your perception what is the reasonable time," asked the bench, "reasonable has to be as per the dictionary meaning." The counsel appearing for the assembly urged the court to keep the hearing after a week. The bench posted the matter on February 18. "If you don't give us a reasonable time, we are reasonable men," said Justice Chandran. The counsel appearing for the petitioners said a three-judge bench of the apex court had expressly said a "reasonable time" would mean within three months, barring exceptional circumstances.

In November last year, the high court set aside an earlier order passed by a single judge that the assembly secretary should place the disqualification petitions of BRS MLAs — Danam Nagender, Tellam Venkat Rao and Kadiyam Srihari — before the speaker. The speaker must decide the disqualification petitions within a reasonable time, it had said. The high court said the speaker while dealing with the disqualification petitions should bear in mind the concept of reasonable time, by taking into account the period of pendency of the disqualification petitions, the object of inclusion of the tenth schedule to the Constitution and the tenure of the assembly. The petitioners — BRS MLAs K P Vivekanand and P Kaushik Reddy and BJP floor leader in Assembly Alleti Maheshwar Reddy — moved the high court seeking a direction to the speaker to decide on the disqualification petitions that were filed before the speaker.

A single judge of the high court on September 9 last year directed the secretary of Telangana legislative assembly to place the disqualification petition before the speaker for fixing a schedule of hearing within a period of four weeks. The court then directed to communicate the schedule so fixed to the registrar (judicial) of the high court. It was also directed that in case no communication was received from the secretary, the matter would be reopened suo motu and appropriate orders shall be passed.