Speaker’s discretion may derail BRS’ bypoll push in Telangana post Supreme Court’s order in MLA defection case

Supreme Court may have ordered the Telangana Speaker to decide on the disqualification petition against 10 MLAs of the BRS who have joined hands with the Congress within three months but that doesn’t necessarily mean that the state may see bypolls soon. Here’s why.

Published Jul 31, 2025 | 9:37 PMUpdated Jul 31, 2025 | 11:00 PM

Speaker’s discretion may derail BRS’ bypoll push in Telangana post Supreme Court’s order in MLA defection case

Synopsis: The BRS has hailed Thursday’s Supreme Court ruling directing the Telangana Assembly Speaker to decide on the disqualification of ten BRS MLAs who defected to the Congress shortly after the 2023 Assembly elections as a moral and political victory. However, the apex court’s ruling leaves sufficient wiggle room for the Speaker, and by extension, the ruling Congress, to manoeuvre.

The Telangana Assembly Speaker is expected to reject the petition of opposition Bharat Rashtra Samithi (BRS) seeking disqualification of 10 of its MLAs on the ground that they shifted  allegiance to the ruling Congress.

This is the indication coming from sources in the Congress following the directive issued by the Supreme Court on Thursday that the Speaker should take a decision on the BRS’s petition within three months.

Well over a year since the BRS launched its campaign against 10 MLAs who won the 2023 Telangana Assembly elections on its tickets, only to later defect to the Congress, which went on to form the government with a majority, the Supreme Court has left the matter of their disqualification to the discretion of the Assembly Speaker.

The apex court, which had reserved its verdict in April 2025, delivered its order on Thursday, 31 July, instructing the Speaker to decide within three months. Crucially, it did not issue a direct order to disqualify the legislators, instead deferring the final call to the Speaker.

Even so, the BRS has hailed the ruling as a moral and political victory over the Congress. Party Working President KT Rama Rao responded by urging party workers to start preparing for by-elections in the ten constituencies.

“It doesn’t take much investigation to see that all ten MLAs defected illegally and have been actively participating in Congress programmes every single day. As I see it, we have three months to gear up for by-polls in all ten constituencies. Let’s get to work, guys!” he declared.

The BRS, by design, appears confident that disqualification and by-elections are a foregone conclusion. The party views the development as a chance to regain political ground and reshape public perception in its favour.

Party insiders claim that public sympathy for the BRS has grown, especially among farmers, who are reportedly disillusioned with the Congress government’s performance.

But the key question remains: will the disqualification actually happen?

Also Read: Congress gears up for Telangana local body polls amidst quota row, accuses BJP of stalling BC welfare

Speaker may delay or derail disqualifications

The Supreme Court’s order has set only a three-month timeline for the Telangana Assembly Speaker, without explicitly directing the disqualification of the defected MLAs. This leaves a potential opening for the Congress to delay or avoid disqualifications altogether.

Sources within the Congress have strongly hinted that they expect Speaker Gaddam Prasad Kumar to reject the BRS’s petition seeking disqualifications.

One possible line of argument could be that, since the MLAs are still technically listed as BRS members in Assembly records and have not violated any whip issued by the party, disqualification under the Anti-Defection Law might not apply. The sole exception to this view could be Danam Nagender. The ‘on-paper’ BRS MLA, contested the 2024 Lok Sabha elections on a Congress ticket unsuccessfully.

Such a scenario would favour the Congress, which is reportedly reluctant to face by-elections at this stage.

While the Congress could argue that any by-election losses would be expected – given that the seats were originally won by the BRS – it does not want to fuel a perception that it is losing ground.

Voters often lean towards candidates from the ruling party in by-elections, believing they can bring in more development funds and services. However, Congress insiders reportedly doubt whether that trend will apply in this case, given the mood on the ground.

In short, the Revanth Reddy government in Telangana does not want bypolls to the ten seats represented by the ‘turncoat’ MLAs in question.

Meanwhile, there is historical precedent for Speaker-led disqualifications in erstwhile Andhra Pradesh.

In 2008, during the tenure of Speaker KR Suresh Reddy, three rebel Telangana Rashtra Samiti (TRS) MLAs – M Satyanarayana Reddy (Hanamkonda), S Bapu Rao (Boath), and T Jayaprakash Reddy (Sangareddy) – were disqualified for voluntarily giving up party membership.

In the same instance, six other TRS MLAs – S Santosh Reddy, G Mukund Reddy, Sara Rani, K Lingaiah, Narayanarao Patel, and D Srinivas Rao – had their resignations accepted before a decision was made on the disqualification petitions, thereby rendering the proceedings unnecessary.

They resigned a few months before the general elections in 2009.

At a press conference at the time, Speaker Suresh Reddy described his decision as a “balancing act,” saying, “whether they resign or attract disqualification, the end result is the same.”

He called the process a landmark in strengthening democratic institutions, though TRS leaders criticised the move and alleged that the Speaker had acted under government pressure.

Also Read: Ahead of local body elections, KCR urges BRS leaders to expose ‘Congress’s deception on BC reservations’

Timeline of legal battle over BRS MLAs’ defection

The current crisis began after the Congress won the Telangana Assembly elections in December 2023, following which ten BRS MLAs switched to the ruling party without resigning their Assembly seats. The move triggered concerns over a potential violation of the Anti-Defection Law under the Tenth Schedule of the Constitution.

The legal timeline unfolded as follows:

  • 17 March 2024: The BRS submitted its first disqualification petition to Speaker G Prasad Kumar, targeting Danam Nagender.
  • 16 July 2024: Senior BRS leaders, including KT Rama Rao, presented a memorandum seeking the disqualification of all ten defected MLAs, citing a Supreme Court precedent that mandates Speakers to decide such cases within three months.
  • September 2024: The Telangana High Court directed the Speaker to act on the disqualification petitions within four weeks, citing the importance of upholding democratic values.
  • January 2025: The BRS moved the Supreme Court, filing two separate petitions: one Special Leave Petition (SLP) covering three MLAs and a writ petition for the other seven, arguing that the Speaker’s inaction infringed on the party’s constitutional rights.
  • 2 February 2025: The Supreme Court questioned the delay, directed the Speaker to submit a proposed timeline within a week, and issued notices to the concerned officials.
  • Hearing were scheduled for 10 February, later adjourned to 25 March. The verdict was reserved and eventually delivered on 31 July 2025.

The ten MLAs who defected to the Congress are:

  • Danam Nagender (Khairatabad)
  • Kadiyam Srihari (Station Ghanpur)
  • Tellam Venkatrao (Bhadrachalam)
  • Pocharam Srinivas Reddy (Banswada)
  • M Sanjay Kumar (Jagtial)
  • Kale Yadaiah (Chevella)
  • Bandla Krishna Mohan Reddy (Gadwal)
  • Gudem Mahipal Reddy (Patancheru)
  • T Prakash Goud (Rajendranagar)
  • Arekapudi Gandhi (Serilingampally)

(Edited by Dese Gowda)

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