In a major development pertaining to the disqualification of ten MLAs who deflected to Indian National Congress party from BRS, the Supreme Court on Thursday issued directions to the Speaker of the Telangana Legislative Assembly to decide the petitions seeking their disqualification under the tenth schedule of the Constitution within a period of three months from today without fail.

The Court observed that it cannot allow a situation of “operation successful but patient died” by allowing the disqualification petitions to remain pending during the term of the assembly, allowing the defectors to reap the benefits of the delay. The apex court further reiterated that Speaker, while acting as a Tribunal under the tenth schedule, does not enjoy any “constitutional immunity”. It also directed the Speaker not to allow these MLAs from protracting the proceedings.

While setting aside the judgment of the division bench of the Telangana High Court which nullified the single bench direction to the Speaker to fix the schedule of hearing within four weeks the Supreme Court bench of CJI BR Gavai and Justice AG Masih delivered the verdict in 3 cases pertaining to BRS MLAs’ defection to the ruling party in Telangana and the Assembly Speaker’s delay in deciding consequent disqualification petitions.

Last year, BRS MLAs Kuna Pandu Vivekananda and Padi Kaushik Reddy, and BJP MLA Alleti Maheshwar Reddy moved the Telangana High Court to disqualify MLAs Venkata Rao Tellam, Kadiyam Srihari and Danam Nagender who were elected on a BRS Ticket during the 2023 assembly polls and later jumped into the Congress Party. Questioning inaction of the Telangana Legislative Assembly Speaker for over 3 months, in deciding the disqualification pleas, one Special Leave Petition was filed and a writ petition was also filed on seven other MLAs who deflected into BRS.

In September last year, a Single bench of the High Court directed the Speaker of the State Legislative Assembly to fix a schedule of hearing within four weeks to decide upon the disqualification pleas. The Telangana Legislative Assembly preferred a writ appeal on this judgement. Later, the Division Bench of the High Court set aside the Single bench judgment and held that the Speaker of the State Legislative Assembly must decide the disqualification petitions within a reasonable time.