Verdict On Petitions Challenging Speaker's Decision On Disqualification of Danam Nagender Reserved

Hyderabad: The Telangana High Court on Friday reserved verdict on two petitions challenging the Speaker’s decision declining to disqualify Khairatabad MLA Danam Nagender under the anti-defection law. A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin said judgment would be pronounced on September 16.

The petitions were filed separately by BJP Legislature Party leader Aleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy, questioning the Speaker’s decision as chairman of the Tenth Schedule Tribunal and seeking Nagender’s disqualification.

The BRS had approached the Speaker alleging that Nagender, who was elected to the Assembly on a BRS ticket, had joined the Congress. The Speaker, acting pursuant to the Supreme Court’s directions, had held that the material placed before him did not establish that Nagender had voluntarily given up his membership of the BRS. The High Court was hearing the petitions for four days.

On Friday, designated senior counsels Kondam Viveka Reddy and Gandra Mohan Rao, appearing for Maheshwar Reddy and Kaushik Reddy, respectively, contended that the Speaker could not restrict his consideration to events inside the Legislative Assembly. They argued that the Tenth Schedule required the Speaker to examine the conduct of a legislator both inside and outside the House while deciding whether or not the member had voluntarily given up party membership.

The petitioners submitted that Nagender’s decision to contest the Secunderabad Lok Sabha election on a Congress ticket, coupled with his alleged participation in Congress activities, constituted sufficient material to establish voluntary relinquishment of BRS membership. They maintained that a formal resignation was not essential to attract the anti-defection provisions.

Defending the Speaker’s order, counsel for Nagender argued that the petitioners had relied substantially on newspaper reports, photographs and media coverage to claim that the Khairatabad MLA joined the Congress. Merely being photographed with Congress leaders or wearing a party scarf could not, by itself, establish a voluntary decision to relinquish BRS membership, he contended.

Counsel further pointed out that Nagender had not made any categorical declaration in the material relied upon by the petitioners that he had joined the Congress. He also submitted that Assembly records continued to reflect Nagender as a BRS MLA. Arguments concluded in the Nagender case concluded on Friday and the court will subsequently take up petitions concerning other BRS MLAs who are similarly accused of switching allegiance to the Congress.

Source: www.deccanchronicle.com