SC Directs Telangana Speaker to Decide Disqualification Petitions Within Three Months
The Bench allowed the appeals filed by Bharat Rashtra Samithi (BRS) leaders challenging the Telangana High Court’s refusal to direct the Assembly Speaker to adjudicate disqualification petitions against 10 MLAs who had defected to the ruling Congress party.
New Delhi: The Supreme Court today directed the Telangana Speaker to decide disqualification petitions within three months.
The Bench allowed the appeals filed by Bharat Rashtra Samithi (BRS) leaders challenging the Telangana High Court’s refusal to direct the Assembly Speaker to adjudicate disqualification petitions against 10 MLAs who had defected to the ruling Congress party.
A Bench comprising Chief Justice of India BR Gavai and Justice Augustine George Masih emphasised that political defections pose a grave threat to democratic stability.
Delivering the judgment, CJI Gavai stated, “Political defection has been a matter of national discourse. If not curbed, it has the power to disrupt democracy.”
The Court reiterated that when the Speaker acts in disqualification matters under the Tenth Schedule, they function as a tribunal and are subject to judicial review.
Citing speeches made in Parliament by leaders like Rajesh Pilot and Devendra Nath Munshi, the Court underlined the historical concern over unchecked defections and the constitutional scheme that entrusts the Speaker with the duty of expeditious adjudication in such cases, thereby reducing the burden on courts.
Referring to the landmark Kihoto Hollohan judgment, the Bench reaffirmed that judicial review under Articles 136, 226, and 227 of the Constitution, though limited, remains available in cases involving the Speaker’s decisions on disqualification.
The Court found fault with the Telangana High Court’s Division Bench for setting aside the order of a Single Judge, observing that the Single Judge had not even directed time-bound disposal of the petitions.
“The Speaker, while acting as an adjudicating authority, acts as a tribunal amenable to the jurisdiction of the High Court and the Supreme Court. He does not enjoy constitutional immunity in this capacity,” the Court held.
Setting aside the Division Bench’s order dated November 22, 2024, the Supreme Court directed that the disqualification proceedings be decided “as expeditiously as possible and within three months.”
The Court further warned, “No MLA shall be allowed to protract the proceedings, and in case of any such attempt, the Speaker shall be at liberty to draw adverse inferences.”
On April 3, 2025, the Supreme Court had reserved judgment in the matter while expressing strong disapproval of statements made by Telangana Chief Minister A. Revanth Reddy on the floor of the Assembly concerning the pending disqualification petitions.
The Bench had remarked, “We respect the other two wings of democracy; the same is expected of them.”
CJI Gavai had further questioned the Chief Minister’s conduct, stating, “Was the CM not expected to exercise some degree of restraint? Did we commit a mistake by letting you go at that time and not taking action for contempt?”
The Court noted that the CM had asserted on the Assembly floor, “There will be no bye-elections even if the opposition MLAs want it,” and pointed out the Speaker’s silence in response to this statement.
