NEW DELHI: The Supreme Court on Thursday asked the Telangana Speaker to decide within three months on the disqualification of ten Members of the Legislative Assembly (MLAs) who defected to the ruling Congress party in the State.
Allowing the petitions filed by BRS leaders KT Rama Rao, Padi Kaushik Reddy and KO Vivekanand, the Bench of Chief Justice of India (CJI) BR Gavai and Justice Augustine George Masih passed the ruling and observed that observed that political defections has been a matter of national discourse, if not curbed, it has the potential to disrupt democracy.
"We are inclined to allow the present appeal. November 22, 2024 order passed by the Division Bench is set aside. The disqualification proceedings against 10 MLAs are to be decided as expeditiously as possible and within three months. No MLA shall be allowed to protract the proceedings. If done so, then Speaker shall draw adverse inferences," ordered the top court.
Setting aside the judgment of the division bench of the Telangana High Court, which nullified the single bench direction to the Speaker to fix the schedule of hearing, the apex court said any MLA should not be allowed to protract the disqualification proceeding pending before the Speaker.
The bench of the apex court, in its ruling, said that the Parliament should review current mechanism for disqualification of MLAs since Speakers of Assemblies inordinately delayed such proceedings to frustrate action against defectors who posed danger to democracy.
The plea filed by BRS leaders - Rao, Reddy and Vivekanand - in the top court sought timely action by the Telangana Assembly Speaker on disqualification proceedings pending against 10 MLAs who shifted allegiance to the ruling Congress party in the State.
The court said it was unfortunate that the Speaker issued notice on disqualification petitions after seven months, only when this court issued notice on the issue and decided to examine the delay.
The apex court also in its verdict said that the Speaker, while acting as a adjudicating authority in disqualification proceedings under the anti defection law, acted as a tribunal amenable to the jurisdiction of High Court and Supreme court.
"The Speaker while acting as a Tribunal under the tenth schedule, does not enjoy any constitutional immunity," the SC said.
The top court also directed the Speaker not to allow the MLAs, who face the disqualification petitions, to protract th proceedings. If these MLAs try to make any such delaying tactics, adverse inference can be drawn against them, the Court added