Published Sep 24, 2026 | 12:29 PM ⚊ Updated Sep 24, 2026 | 12:29 PM
The apex court said the High Court had correctly interpreted the law and that there was no ground to interfere with its judgment.
Synopsis: The Supreme Court on Thursday dismissed former Khairatabad MLA Danam Nagender’s petition challenging his disqualification under the anti-defection law, upholding the Telangana High Court’s 18 September judgment. The High Court had held that Nagender stood disqualified from 23 April 2024, when he filed his nomination as a Congress candidate for the Secunderabad Lok Sabha seat while still a BRS MLA, and declared the Khairatabad Assembly seat vacant.
The Supreme Court on Thursday, 24 September, dismissed former Khairatabad MLA Danam Nagender’s petition challenging the Telangana High Court order disqualifying him as an MLA under the anti-defection law, LiveLaw reported.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said the High Court had correctly interpreted the law and that there was no ground to interfere with its judgment.
Nagender had moved the Supreme Court through a Special Leave Petition (SLP) filed on 19 September, challenging the 18 September judgment of a Division Bench of the Telangana High Court comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin.
The High Court had set aside the order of Telangana Legislative Assembly Speaker Gaddam Prasad Kumar and held that Nagender stood disqualified from 23 April 2024 – the same day he filed his nomination as a Congress candidate for the Secunderabad constituency in the 2024 Lok Sabha election while he was still a sitting BRS MLA. The High Court also declared the Khairatabad Assembly constituency vacant.
The Speaker had earlier held that there was a “lack of sufficient evidence” to establish defection and maintained that Nagender continued to be technically a member of the BRS.
The High Court was scathing of the Speaker’s position, holding that it suffered from “perversity” and amounted to a “breach of constitutional obligations”.
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Senior Advocate Mukul Rohatgi, appearing for Nagender, referred to Paragraph 2(1)(b) of the Tenth Schedule during Thursday’s hearing, and argued that it contains a provision under which a political party can condone the act of a member.
The Bench pointed out that the provision applies to Paragraph 2(1)(b), which concerns voting or abstaining against a party whip, and not Paragraph 2(1)(a), which deals with voluntarily giving up membership of a political party.
“You had a fixed deposit as MLA, you tried for share market as MP, and now you lost the Fixed Deposit,” Justice Bagchi remarked.
The counsel representing the BRS denied that the party had condoned Nagender’s conduct and pointed out that it was a BRS member who had filed the disqualification petition.
The Bench thereafter said there was no ground to interfere with the High Court’s decision.
The ruling also has implications for nine other BRS MLAs who joined the Congress: Kadiyam Srihari of Station Ghanpur, Pocharam Srinivas Reddy of Banswada, Tellam Venkat Rao of Bhadrachalam, Arekapudi Gandhi of Serilingampally, Prakash Goud of Rajendranagar, Gudem Mahipal Reddy of Patancheru, Bandla Krishna Mohan Reddy of Gadwal, Kale Yadaiah of Chevella and M Sanjay Kumar of Jagtial.
The BRS hopes to rely on the reasoning of the judgment in pursuing disqualification proceedings against the nine MLAs.
(Edited by Dese Gowda)
