Hyderabad: The Telangana High Court on Thursday, November 28, dismissed the petition by Praja Shanti Party president Kilari Anand Paul seeking the prevention of defected MLAs from Bharat Rashtra Samithi (BRS) to Congress from attending the Telangana Assembly sessions.
The petition which also sought prevention of the defected MLAs from participating in legislative debates and casting votes was dismissed by a division bench led by Chief Justice Alok Aradhe and Justice J Sreenivas Rao.
The petitioner argued that the defected legislators had violated the provisions of the Tenth Schedule of the Indian Constitution, which deals with disqualification on the grounds of defection. According to Paul, the defected MLAs should be disqualified as they had initially contested the elections on the BRS ticket and later joined the INC, thus incurring disqualification under the anti-defection law.
The division bench dismissed the petition citing that the speaker must first adjudicate the disqualification petitions in accordance with the procedures outlined under the Members of Legislative Assembly (MLA) (Disqualification on the Ground of Defection) Rules, 1986.
The Telangana High Court further stressed that the Speaker’s decision on the defected MLAs is necessary without which no action can be taken against them. Following complaints from several petitioners, including Padi Kaushik Reddy, who argued that the Speaker’s delay in addressing the disqualification requests was undermining the intent of the anti-defection law.
KA Paul files PIL in Telangana HC against turncoat MLAs, seeks action
The single judge had set a timeline of four weeks for the Speaker to schedule hearings and address the disqualification petitions. However, the state advocate general, A Sudershan Reddy, raised concerns that such a directive might violate the constitutional separation of powers, highlighting the delicate balance required between different constitutional authorities.
The division bench, while agreeing with the advocate general’s concerns, modified the single judge’s order, removing the specific time frame for the Speaker’s action. Nevertheless, the bench reiterated that the Speaker must resolve the disqualification issues expeditiously, within a “reasonable time” frame, considering the facts and the intent of the law.
In the latest hearing, senior counsel representing the defected MLAs argued that the petition itself was not maintainable, as the decision on disqualification fell under the purview of the Speaker, not the judiciary.
They contended that only after the Speaker had made a ruling could any further legal action be taken regarding the attendance and participation of the defected MLA in the legislative sessions. Ultimately, the bench ruled that the defected MLAs could not be barred from the Assembly until the Speaker made a determination on their disqualification.
KA Paul files petition in Telangana HC against defected MLAs participation in assembly
On August 30, K A Paul filed the petition against the participation of MLAs in Assembly proceedings who defected from the BRS to Congress since the grand old party came to power in Telangana in 2023.
During the proceedings, a bench led by Chief Justice Alok Aradhe and Justice J Sreenivas Rao questioned the necessity of a new PIL, given that similar cases had already been heard and a judgment was pending.
In his statement, the Praja Shanti Party president said his PIL presented distinct points compared to those submitted by political parties.
