SC to hear Telangana MLA’s plea against disqualification on Sept 23

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The Supreme Court is set to review a petition from Telangana MLA Danam Nagender on Wednesday. Nagender is contesting his disqualification from the Telangana Legislative Assembly, which occurred after he announced his candidacy for the 2024 Lok Sabha elections as a Congress candidate. Despite his new party affiliation, he remains an MLA with the Bharat Rashtra Samithi (BRS).

Chief Justice of India (CJI) Surya Kant permitted urgent listing after the matter was mentioned by senior advocate Mukul Rohatgi who appeared for Nagender. This period corresponds with the time he contested for the Lok Sabha polls from Secunderabad on a Congress ticket. The high court order passed on September 18 disqualified Nagender’s continuation as MLA with effect from April 2024.

The BRS moved a disqualification plea against Nagender that was dismissed by Telangana Speaker Gaddam Prasad Kumar. The petitions were filed by BJP legislature party leader Alleti Maheshwar Reddy and BRS MLA P Kaushik Reddy. The court subsequently declared the assembly seat vacant.

Earlier reporting noted: On Sept 18, a division bench of the high court disqualified Nagender, setting aside an earlier order of the assembly speaker that had rejected petitions seeking his disqualification. Earlier reporting noted: In its Sept 18 judgement, the high court held that Nagender incurred disqualification from April 23, 2024, after contesting the Secunderabad Lok Sabha election as a Congress candidate while continuing as a BRS MLA from Khairatabad.

BRS MLA Padi Kaushik Reddy and Bharatiya Janata Party (BJP) MLA A Maheshwar Reddy had challenged the Speaker’s order before the high court.

Senior advocate P Mohith Rao, on behalf of Kaushik Reddy, stated he filed a caveat in the Supreme Court, asking it to hear the BRS version before taking up the hearing on Nagender’s plea. The decision disqualifying Nagender created a flutter in the state, with the BJP and BRS targeting Congress for accommodating turncoat politicians. Nagender won on a BRS ticket from the Khairatabad assembly constituency in 2023 and was part of 10 BRS legislators who defected to the Congress.

“In any case, the Supreme Court may not stay the high court order,” he said. On the other hand, Maheshwar Reddy said he, too, moved the Supreme Court with a caveat to ensure he was heard before any interim relief or stay was granted. “We shall fight the case till the logical end,” Reddy said.