SC questions prolonged inaction on Telangana defector MLAs’ disqualification

HYDERABAD: The Supreme Court has expressed dissatisfaction over the prolonged delay in deciding disqualification petitions against Telangana MLAs who have switched parties. Justice B.R. Gavai, leading the bench, questioned the indefinite timeframe taken to resolve such matters, emphasizing the need for timely decisions to uphold democratic principles.

The bench inquired about the reasonable period required to adjudicate disqualification pleas, highlighting that delays until the end of a legislative term undermine democratic values. Justice Gavai remarked on the necessity of adhering to constitutional mandates and previous judgments in expediting these decisions.

Senior advocates, representing the petitioners, argued that according to Telangana Assembly rules, the Speaker must assess the maintainability of disqualification petitions promptly. They emphasized that if a petition is deemed maintainable, notices should be issued, and responses obtained within a stipulated timeframe. The advocates pointed out that despite multiple petitions filed over several months, the Speaker had not taken action, leading to concerns about the integrity of the legislative process.

The court underscored that while it does not intend to interfere with the Speaker’s duties, it is imperative to ensure that constitutional obligations are fulfilled without undue delay. The bench referenced previous judgments that set specific timelines for such decisions, indicating that prolonged inaction is unacceptable.
This development follows petitions filed by the Bharat Rashtra Samithi (BRS) seeking the disqualification of 10 MLAs who defected to the ruling Congress party after the 2023 assembly elections without resigning from their legislative positions. The Supreme Court’s scrutiny aims to address the delays in adjudicating these petitions and reinforce the importance of timely resolutions in matters of political defections.