‘Decide Defector MLAs’ Cases or Face Contempt’ Supreme Court Warns Telangana Speaker
The defections, which took place between March and June last year, came at a time when the BRS had lost power for the first time since the state’s formation.
The Supreme Court has strongly criticized Telangana Assembly Speaker Gaddam Prasad Kumar for failing to act on disqualification petitions filed against 10 BRS legislators who switched to the Congress soon after the 2023 Assembly elections. The defections, which took place between March and June last year, came at a time when the BRS had lost power for the first time since the state’s formation.
A bench led by Chief Justice B.R. Gavai expressed serious displeasure over the Speaker’s inaction, noting that the court’s earlier directive—setting a three-month deadline on July 31—had been openly disregarded. The bench warned that the Speaker must conclude the hearings “by next week” or be prepared to face contempt proceedings. Senior advocate Abhishek Manu Singhvi, representing the Speaker, assured the court that a decision would be delivered within two weeks.
During the hearing, the Chief Justice made a pointed remark, saying it was up to the Speaker “to decide where he wants to celebrate New Year’s Eve,” underlining that the court has already ruled that Speakers do not enjoy constitutional immunity in defection cases. “This is gross contempt of court,” CJI Gavai said, criticising the prolonged delay.
The petitions, filed under the Tenth Schedule by BRS MLA Kaushik Reddy, contend that the 10 defecting lawmakers “voluntarily abandoned their party membership” and must therefore be disqualified under the anti-defection law. Despite the seriousness of the allegations, little movement occurred for months, forcing the matter into the Supreme Court through a contempt plea.
The Speaker eventually took up some of the petitions on September 29, beginning hearings related to Prakash Goud, Kale Yadaiah, Mahipal Reddy, and B.K. Reddy. However, the court noted that this limited progress was far from satisfactory.
The outcome of this case is being closely followed across Telangana, as it could have significant political consequences. Should the Supreme Court compel the Speaker to issue disqualification orders—and if those orders are upheld—all 10 constituencies would face by-elections. Such mid-term polls could pose a serious challenge for the Congress government, even if it manages to retain some of the seats.
On Thursday, the Supreme Court once again pulled up Speaker Prasad Kumar for the continued delay. The bench reminded him that prolonged inaction cannot be justified and emphasized that the matter must now be handled on a day-to-day basis until a final decision is reached. The court also directed the Speaker to file a detailed response within four weeks.
The Supreme Court made it clear that any further delay will not be tolerated and warned that the Speaker should be prepared for contempt action if he fails to comply with its timeline.