Supreme Court Issues Two-Week Ultimatum to Telangana Speaker on BRS MLAs' Disqualification Case

The Supreme Court has given Telangana Speaker Gaddam Prasad Kumar a two-week deadline to rule on disqualification petitions against 10 lawmakers who defected from BRS to Congress. Chief Justice BR Gavai warned of contempt proceedings, asking where the Speaker "wants to celebrate New Year's Eve" if the ruling isn't made. This case represents a crucial test of India's anti-defection law and could trigger by-elections for 10 seats.

'Where Do You Want To Celebrate New Year?' Court Warns Telangana Speaker

Hyderabad:

The Supreme Court has expressed frustration with Telangana Speaker Gaddam Prasad Kumar, granting him a two-week deadline to rule on pending disqualification petitions against 10 lawmakers. These legislators had defected from the Bharat Rashtra Samithi (BRS) to join the ruling Congress between March and June following the 2023 Assembly election, which saw Congress decisively defeat the BRS, ending its governance since Telangana's formation in 2014.

Chief Justice BR Gavai, leading the bench, instructed Speaker Kumar to "finish it by next week or face contempt of court," noting that an earlier three-month ultimatum issued on July 31 had been disregarded. Senior advocate Abhishek Manu Singhvi, representing the Speaker, provided assurance that a decision would be rendered within two weeks.

In pointed remarks, the Chief Justice questioned where the Speaker wanted to celebrate New Year's Eve, as the court considered arguments for contempt action against Kumar for ignoring judicial directives. "It is for him to decide. We have already held he does not enjoy constitutional immunity when considering these matters. And so, he has to decide where he has to celebrate his New Year's Eve," stated the Chief Justice.

"This is gross contempt of court," the Chief Justice declared firmly.

BRS MLA Kaushik Reddy had filed the petitions seeking disqualification of the 10 BRS lawmakers under the Tenth Schedule of the Constitution, which addresses defections. The prolonged delay in addressing these petitions prompted the BRS to seek intervention from the Supreme Court.

On September 29, two months into the initial deadline, the petitions were finally taken up, beginning with those concerning Prakash Goud, Kale Yadaiah, Mahipal Reddy, and BK Reddy.

This case represents a significant test of India's anti-defection legislation. The BRS has alleged that its defecting MLAs "voluntarily gave up party membership," which they argue clearly violates the law and warrants disqualification.

If the petitions are upheld, by-elections will be triggered for all 10 seats, potentially creating challenges for the Congress government even if it manages to retain some of these constituencies.

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Source: https://www.ndtv.com/india-news/supreme-court-news-telangana-brs-mla-disqualification-hearing-telangana-speaker-gaddam-prasad-kumar-brs-mla-disqualitication-hearing-9648932