SC Asks Telangana Assembly to Define 'Reasonable Period' for Disqualification Decisions on Defecting MLAs
A bench of Justices BR Gavai and AG Masih scheduled the matter for February 10.

Supreme Court
Hyderabad: Supreme Court Asks Telangana Assembly to Define 'Reasonable Period' for Disqualification Decisions on Defecting MLAs
A bench of Justices BR Gavai and AG Masih scheduled the matter for February 10 and instructed Senior Advocate Mukul Rohatgi (representing the Secretary of the Telangana Legislative Assembly) to consult the Speaker and provide their views on what would be a reasonable timeframe. "You tell us what is reasonable time in your perception," Justice Gavai remarked.
The issue began when a Single Bench of the Telangana High Court directed the Speaker to set a schedule for hearing the disqualification petitions within four weeks. However, in an appeal, a Division Bench overturned this decision, citing the Supreme Court’s ruling in Subhash Desai v. Principal Secretary, Government of Maharashtra, where it was stated that the Speaker must decide disqualification petitions within a "reasonable period."
The three defecting MLAs—Venkata Rao Tellam, Kadiyam Srihari, and Danam Nagender—were initially elected on BRS tickets but joined the Congress Party. In response to the Speaker’s inaction for over three months in addressing the disqualification petitions, BRS MLAs KP Vivekananda, Padi Kaushik Reddy, and BJP MLA Alleti Maheshwar Reddy approached the Telangana High Court.
The petitioners argued that the delay in deciding the disqualification petitions could potentially enable further defections from BRS to the ruling party. In contrast, the defecting MLAs and the State's counsel questioned the maintainability of the petitioners' writ petition, asserting that the court lacked jurisdiction to issue a writ of mandamus to the Speaker.
On September 9, the Single Bench of the High Court ordered the Speaker to set a hearing schedule within four weeks. This judgment was appealed, and in November 2024, the Division Bench overturned the Single Bench's order, emphasizing that the Speaker must decide the disqualification petitions within a "reasonable time." The court stated that in determining this period, the Speaker should consider the length of time the petitions have been pending, the purpose of the Tenth Schedule of the Constitution, and the tenure of the Assembly. The Division Bench also highlighted that the Supreme Court’s decision in Subhash Desai provided a more detailed and accurate legal framework for deciding disqualification petitions, noting that the reasonable time for a decision depends on the specific facts of each case. The court observed that over four and a half months had passed since the petitions were filed, stressing that action should be taken in accordance with the relevant rules.
Challenging the Division Bench’s order, which set aside the directive for the Speaker to fix a hearing schedule within four weeks, MLA Padi Kaushik Reddy has now approached the Supreme Court.
( Source : Deccan Chronicle )
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