The Telangana High Court on Monday issued notices to Bharat Rashtra Samithi (BRS) MLA Danam Nagender in connection with a petition challenging state Assembly Speaker Gadam Prasad Kumar’s decision not to disqualify the legislator from moving to the Congress, people familiar with the matter said.
The Supreme Court bench headed by Chief Justice Aparesh Kumar Singh, which was hearing arguments on the petition filed by Bharatiya Janata Party (BJP) Assembly leader Aleti Maheshwara Reddy, asked Nagender to file his reply against the petitioner within four weeks.
The bench also issued a similar notice to the Speaker and ordered him to file a response and adjourned the case to April 16.
In his petition, Maheshwar Reddy questioned the ruling passed by the Speaker on March 11 that Nagender did not change his party and continued to stay with the BRS.
The speaker issued the ruling after conducting an investigation into the disqualification petitions filed by BRS leaders against 10 MLAs, including Nagender. The Supreme Court on March 12 also disposed of the case against the alleged defection of MLAs from the BRS to the Congress, stating that it would not interfere in the Speaker’s decision.
Unsatisfied with the result, the BJP leader approached the Supreme Court on Friday with a fresh petition, arguing that Nagender voluntarily renounced his BRS membership by contesting the 2024 Lok Sabha elections on a Congress ticket.
“Thus, Nagender clearly violated the anti-defection provisions and justified disqualification. He is no longer a BRS MLA from the day nomination was filed in the Lok Sabha elections on Congress ticket,” the BJP leader said.
He also urged the court to direct recovery of salary and allowances received by Nagender, alleging that they were withdrawn in violation of constitutional norms.
While arguing on behalf of the speaker, State Solicitor General A. Sudarshan Reddy informed the Supreme Court of the judgment of the Supreme Court upholding the speaker’s decision.
After hearing the submissions submitted by both sides, the bench directed the speaker and Nagender to submit their counter-arguments in the matter.
