Disqualification of BRS MLAs: SC Comes Down Heavily on Telangana Speaker

Hyderabad: The Supreme Court on Monday came down heavily on Assembly Speaker Gaddam Prasad Kumar for failing to decide the disqualification petitions filed against ten BRS MLAs who had defected to the Congress in 2023, in the three-month period fixed by the apex court.

Saying the prolonged delay amounted “gross contempt”, the apex court bench headed by Chief Justice of India B.R. Gavai said: “It is for him (Speaker) to decide where he wants to spend his New Year’s Eve.”

The apex court reiterated that the Speaker as presiding officer did not enjoy immunity when exercising quasi-judicial powers under the Tenth Schedule of the Constitution. The court reminded that it had directed the Speaker to hear the applications daily and decide on the issue within three months. The court also pointed to the previous conduct of the Speaker’s office.

The bench headed by Chief Justice Gavai and comprising Justice K. Vinod Chandran and Justice N.V. Anjaria was hearing a petition filed by BRS leader Padi Kaushik Reddy. He had approached the apex court after the Speaker did not comply with its July 31 direction to decide on the petitions within three months.

The deadline lapsed on October 31 without any progress, prompting the court to seek an explanation. The contempt petitions filed by BRS working president K.T. Rama Rao against the Speaker were also listed before the Chief Justice court on Monday for mention.

Senior counsels Aryama Sundaram and Dama Sheshadri Naidu representing the petitioners submitted that the Speaker had concluded arguments in the applications filed against seven defected MLAs, but had not pronounced his decision. They submitted that there was no progress in two applications. They requested the Supreme Court to decide on the disqualification of the defectors, as the Speaker had failed to perform his duty.

Expressing displeasure, Chief Justice Gavai said the inaction amounted to a wilful disregard of the court’s mandate. “Either this has to be decided by next week or face contempt. This is gross contempt,” the CJI remarked.

The bench reiterated that the Speaker was obligated to act “as expeditiously as possible” on disqualification petitions, especially since the court had set aside the Telangana High Court’s earlier finding that it could not impose a timeline on the Speaker.

Senior advocate Abhishek Manu Singhvi, appearing for the Speaker, assured the court that an order would be passed within two weeks. Responding to the CJI’s remarks, Singhvi said, “The message is loud and clear, milord”. He tried to convince the court by stating that due to the recent floods in the state, a ten-day delay had occurred.

The Supreme Court issued notice to the Speaker, returnable in four weeks, in the petition filed by Kaushik Reddy. In addition to the usual mode, the court granted liberty to the petitioner to serve notice through counsel for the Speaker and others. The court dispensed with the personal presence of the alleged contemnor, until further orders. The matters will be listed tentatively on December 19 for further hearing.