SC questions Telangana Speaker over delay in disqualification

The Supreme Court has heard petitions alleging undue delay by the Telangana Assembly Speaker in deciding disqualification petitions against BRS MLAs who joined the Congress. This development comes in the backdrop of Chief Minister Revanth Reddy's recent statement in the Assembly that there will be no by-elections, citing no change in the relevant laws.

For more on the Telangana Assembly proceedings and updates, you can check out Vaartha Hindi and Vaartha ePaper.

Sharp Questions to the Speaker and Secretary of Telangana Legislative Assembly

A Supreme Court bench of Justices B.R. Gavai and A.G. Masih asked the Speaker and Secretary of the Telangana Assembly sharp questions about the delay in issuing notices to the BRS MLAs. The bench particularly questioned the Secretary's decision to file an appeal against a single judge order which only directed to fix a schedule for the disqualification proceedings. "When the single judge had only asked to fix a schedule, why did you file an appeal against those orders? Then how can you object to our hearing the special leave petition (SLP) filed by the BRS?" the bench asked, stressing its role as the protector of the Constitution.

Courts Cannot Infringe Upon the Special Powers of the Speaker

Justice B.R. Gavai said, "Even if the Speaker does not take any action for four years, the courts should keep an eye on it." Mukul Rohatgi, representing the Telangana Speaker, argued that the courts cannot infringe upon the Speaker's special powers. He argued that while the Speaker's decision is subject to judicial review, it is improper for the court to set a specific timeline for such decisions.

It is Within the Powers of the Speaker to Follow or Not Follow the Court's Suggestion

“It is within the rights of the Speaker to follow or not follow the suggestion of the court,” Rohatgi said, stressing the principle that one constitutional body should not exert undue influence on another. Justice Gavai responded, “Can’t we tell the Speaker? Can’t we appeal or give directions?” He questioned, “If the Speaker cannot take action for four years, should the courts remain silent?” Rohatgi clarified that the Speaker cannot act only as per the wishes of the petitioners in the matter of defection. He further said that the petitioners had filed the complaint on March 18, while the Speaker issued notices to 10 MLAs on January 16, 2025. The hearing of the case will continue in the Supreme Court tomorrow.

For further updates on the ongoing legal matters, refer to Vaartha Hindi and Vaartha ePaper.