The dispute centers around three MLAs—Venkata Rao Tellam, Kadiyam Srihari, and Danam Nagender—who were elected on BRS tickets but defected to Congress
Published Feb 03, 2025 | 3:14 PM ⚊ Updated Feb 03, 2025 | 3:14 PM
Supreme Court (iStock)
Synopsis: The Supreme Court will hear the BRS defection case on 10 February, 2025, regarding the disqualification of MLAs who switched to the ruling Congress party. BRS challenges delays in the Speaker’s decision on disqualification petitions. The case follows a Telangana High Court ruling that allows a “reasonable time” for the Speaker to act, prompting BRS’ appeal.
The Supreme Court of India is scheduled to hear the defection case involving the Bharat Rashtra Samithi (BRS) on 10 February, 2025.
The case pertains to the writ petition filed by BRS challenging the actions of several MLAs who defected from the party, as well as a Special Leave Petition (SLP) against other legislators who switched allegiance to the ruling Congress party in Telangana.
The BRS’ petition targets Pocharam Srinivas Reddy, Kale Yadaiah, M. Sanjay Kumar, Krishnamohan Reddy, Mahipal Reddy, Prakash Goud, and Arekapudi Gandhi, while the SLP is directed at Congress defectors Danam Nagender, Kadiyam Srihari, and Tellam Venkat Rao.
It is impossible for Congress party to shield the defectors anymore as the Law laid down by the Constitution and prior judgements of Supreme Court are explicitly clear
Let us be prepared to fight By-elections soon my fellow @BRSparty soldiers 👍 https://t.co/owbmoq51K5
— KTR (@KTRBRS) February 3, 2025
The controversy began when the Telangana High Court initially directed the Secretary of the Legislative Assembly to file a disqualification motion with the Speaker, instructing a decision to be made within four weeks.
However, in November 2024, the High Court’s Division Bench overruled this decision, siding with the state’s argument that the Speaker’s powers to decide on disqualification petitions should not be subject to judicial interference.
The court then allowed the Speaker “reasonable time” to make a decision, prompting the BRS to appeal to the Supreme Court.
The matter reached the apex court in January 2025 when BRS MLA Padi Kaushik Reddy filed a petition regarding the defection of three MLAs to the Congress party.
The Supreme Court bench, led by Justices BR Gavai and AG Masih, asked the Telangana Legislative Assembly Secretary to clarify what would constitute a “reasonable period” for deciding on the disqualification cases.
“You tell us what is reasonable time in your perception,” Justice Gavai remarked during the proceedings.
The dispute centers around three MLAs—Venkata Rao Tellam, Kadiyam Srihari, and Danam Nagender—who were elected on BRS tickets but defected to Congress.
BRS, along with BJP MLA Alleti Maheshwar Reddy, filed a writ petition in the Telangana High Court, accusing the Legislative Assembly Speaker of inaction in resolving the disqualification cases for over three months. They argued that such delays could encourage further defections from BRS to the ruling party.
In September 2024, a Single Bench of the High Court directed the Speaker to schedule a hearing for the disqualification petitions within four weeks.
However, the Division Bench later set aside this order, stating that while the Speaker must decide disqualification petitions within a “reasonable time,” the exact timeframe would depend on the specifics of each case.
The BRS, unhappy with the Division Bench ruling, moved the Supreme Court in December, arguing that the delay is detrimental to the party’s interests, especially as defections continue.
The apex court’s forthcoming hearing on 10 February will likely set a precedent for determining the “reasonable time” for such disqualification decisions in the future.
(Edited by Ananya Rao)
