The Supreme Court on Thursday dismissed a petition by former Khairatabad MLA Danam Nagender challenging the Telangana High Court’s judgment disqualifying him from the Telangana Legislative Assembly under the 10th Schedule of the Constitution.
The bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana held that the High Court had correctly interpreted the law and found no ground to interfere with its decision.
Nagender was elected from the Khairatabad constituency on a Bharat Rashtra Samithi (BRS) ticket in the 2023 Assembly elections. Despite continuing as a BRS MLA, he contested the 2024 Lok Sabha election from Secunderabad on a Congress ticket. The Telangana High Court subsequently held that his conduct attracted disqualification under Paragraph 2(1)(a) of the 10th Schedule.
Referring to Nagender’s political decisions, Justice Bagchi orally observed in a lighter vein, “You had a fixed deposit as MLA, you tried for share market as MP, and now you lost the fixed deposit.”
Senior Counsel Mukul Rohatgi, representing Nagender, contended that the 10th Schedule provides for condonation of a member’s action by the party concerned. To this, the bench remarked, “Ghar wapsi?”
Rohatgi relied on Paragraph 2(1)(b) of the 10th Schedule, arguing that it provides for condonation by the political party. The Bench, however, pointed out that the provision applies to cases where a member votes or abstains from voting contrary to the party’s direction, whereas Nagender’s case concerned Paragraph 2(1)(a), relating to voluntarily giving up membership of a political party.
“Your case is ‘Aaya Ram, gaya Ram, phir aaya Ram’?” Justice Bagchi remarked.
The BRS counsel disputed the submission that Nagender’s conduct had been condoned by the party and pointed out that a BRS member had initiated the disqualification proceedings. The Supreme Court thereafter declined to interfere with the High Court’s judgment.
Quashing the decision of Assembly Speaker Gaddam Prasad Kumar, who had dismissed the disqualification petitions filed against Nagender, a Division Bench of the Telangana High Court, comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, declared the legislator disqualified under the 10th Schedule and declared the Khairatabad Assembly constituency vacant on September 18, 2026.
Ruling that the disqualification takes effect from April 23, 2024, when Nagender filed his candidacy for the Secunderabad Lok Sabha seat as a Congress nominee despite retaining his BRS Assembly seat, the High Court further directed the registry to transmit the order to the Speaker, the Secretary of the Legislative Assembly, and the Election Commission.
After the High Court refused to stay its disqualification order to allow an appeal, Nagender moved the Supreme Court seeking urgent relief against the decision.
With the Supreme Court dismissing his plea, the Telangana High Court’s disqualification order remains undisturbed.
The post Supreme Court dismisses Danam Nagender’s plea against disqualification under anti-defection law appeared first on India Legal.