Telangana HC Issues Notices to Speaker, Danam Nagender

Hyderabad: The Telangana High Court on Monday issued notices to the Speaker of the State Legislative Assembly and Khairatabad MLA Danam Nagender in a writ petition seeking his disqualification under the Tenth Schedule of the Constitution.

A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin adjourned the matter to April 16 for filing of counter-affidavits.

The petition was filed by BJP MLA and Floor Leader Aleti Maheshwar Reddy, challenging the Speaker’s order dated March 11 dismissing a disqualification plea against Nagender. The petitioner sought setting aside of the order and a declaration that Nagender has incurred disqualification.

Senior counsel Vivek Reddy, appearing for the petitioner, contended that Nagender, elected in 2023 on a BRS ticket, had voluntarily given up party membership by contesting the 2024 Lok Sabha elections on a Congress ticket without resigning. Citing the Supreme Court judgment in Mahachandra Prasad Singh v. Bihar Legislative Assembly, he argued that such conduct attracts disqualification under Paragraph 2(1)(a) of the Tenth Schedule.

It was submitted that the Speaker’s view, limiting consideration to conduct within the House was contrary to settled legal principles. Nagender had contested the 2024 Lok Sabha elections on a Congress ticket against the BRS candidate after being elected as an MLA in 2023. The petitioner contended that this amounted to defection.

Advocate General A. Sudershan Reddy accepted notice on behalf of the Speaker and informed the court that a counter affidavit would be filed.

The petitioner also sought consequential directions, including recovery of salary and benefits received by Nagender as MLA from April 23, 2024, and making actions taken by him subject to the outcome of the case.

The matter will be heard next on April 16.