HYDERABAD: The Telangana High Court on Thursday heard petitions challenging the Speaker’s decision rejecting disqualification complaints against 10 BRS MLAs. The petitioners contended that factors such as government stability and party strength were wrongly treated as criteria — conditions not prescribed under the Tenth Schedule.
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin is hearing petitions filed by BRS MLAs Guntakandla Jagadish Reddy, KP Vivekanand, Kalvakuntla Sanjay, Palle Rajeshwar Reddy, Chinta Prabhakar and Padi Kaushik Reddy, besides BJP Legislature Party leader Aleti Maheshwar Reddy.
Petitioners’ counsel argued that the Speaker had failed to decide the disqualification complaints in accordance with the anti-defection law. They contended that government stability, the numerical strength of parties in the Assembly and support to the Opposition were wrongly considered while determining disqualification, although none of these factors is prescribed under the Tenth Schedule.
Senior counsel Gandra Mohan Rao, appearing for the BRS petitioners, said their case was not based on media reports. He submitted that election gazettes, official documents and Form-26 affidavits had been relied upon. The Speaker, therefore, was not justified in referring to the petitioners’ failure to provide details of news sources, reporters and editors, he argued.
The BRS had earlier approached the Speaker seeking disqualification of K Yadaiah, Danam Nagender, Pocharam Srinivas Reddy, Kadiyam Srihari, Bandla Krishna Mohan Reddy, T Prakash Goud, A Gandhi, Tellam Venkat Rao, Gudem Mahipal Reddy and Sanjay Kumar, alleging that they had defected from the BRS to the Congress.
Following Supreme Court directions, the Speaker, acting as chairman of the Tribunal, rejected the complaints, holding that the MLAs had not legally defected. The Bench adjourned further hearing to August 17.
