MLA defection case: Telangana High Court sets aside single-judge ultimatum to Speaker

The Telangana High Court recently set aside a single-judge order to fix a schedule for a time-bound decision by the Legislative assembly speaker on disqualification petitions against three Members of the Legislative Assembly (MLAs) who had defected to the Congress party after their election on a Bharat Rashtra Samithi (BRS) ticket [The Telangana Legislative Assembly v. Alleti Maheshwar Reddy]..A Division Bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao, however, urged the speaker to decide the matter within a reasonable time, given that the decision has remained pending for months. "The common order dated 09.09.2024 passed by the learned Single Judge ... is set aside. The Speaker of the Telangana Legislative Assembly must decide the disqualification petitions filed by the writ petitioners within a reasonable time. Needless to state that the Speaker while dealing with the disqualification petitions shall 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 of India as well as the tenure of the Assembly," the November 22 order said..The single-judge order of September 9 was passed on petitions filed by BRS MLAs Kuna Pandu Vivekananda and Padi Kaushik Reddy, as well as Bharatiya Janata Party (BJP) MLA Alleti Maheshwar Reddy.These MLAs had challenged the inaction of the speaker in deciding the disqualification petitions against MLAs Venkata Rao Tellam, Kadiyam Srihari and Danam Nagender.The petitioners had submitted that the disqualification petitions, which were filed in April this year, had not been placed before the speaker for a decision.On September 9, Justice B Vijaysen Reddy ordered the secretary of the assembly to place the disqualification pleas before the speaker, who was directed to decide on the matter in a time-bound manner. The schedule fixed for the speaker's decision was to be communicated to the High Court.Pertinently, the single-judge had added that if no action is taken within four weeks, the matter will be reopened suo motu, and appropriate orders will be issued..This order was challenged before the Division Bench by way of three appeals filed by the Telangana Legislative Assembly.The Division Bench initially declined to stay the single-judge order. In its final judgment, the Division Bench examined a wide range of Supreme Court decisions on defection, including the limited scope for judicial interference on such matters, before overturning the single-judge's ultimatum. It then confined to making a request to the speaker to decide the matter within a reasonable time. "It is evident that the Speaker is the Authority to decide the disqualification petitions, who exercises the powers under the Tenth Schedule to the Constitution of India. The Speaker is a high constitutional functionary. Our society is governed by rule of law and the Constitution is the supreme. The Speaker exercises power under the Tenth Schedule and the same is subject to judicial review on the grounds set out in Kihoto Hollohan (supra) and as referred to by the Supreme Court in Rajendra Singh Rana (supra) and Subhash Desai (supra). The Speaker of the Assembly is required to decide the disqualification petitions within a reasonable time. What would be the reasonable time depends in the facts and circumstances of each case," the Division Bench said..Advocate General A Sudarshan Reddy and advocate K Pradeep Reddy represented the Telangana Legislative Assembly.Senior Counsel Ravindra Shrivastava and Special Government Pleader IV Siddhivardhana represented the State of Telangana.Senior Advocates J Prabhakar and G Mohan Rao and advocates RV Pavan Maitreya and S Santosh Kumar represented the BRS MLAs who had filed the disqualification petitions. Senior Counsel Ravishankar Jandhyala, P Sri Raghu Ram and B Mayur Reddy and advocates Thoom Srinivas, P Sri Ram and L Preetham Reddy represented ex-BRS MLAs who joined the Congress..[Read Judgment]