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Litigation News

Telangana High Court disqualifies MLA Danam Nagendar over defection from BRS to Congress

The Court has set aside the order of Telangana Legislative Assembly Speaker G Prasad Kumar rejecting the disqualification petition against Nagendar.

Bar & Bench

The Telangana High Court on Friday disqualified Khairatabad Member of Legislative Assembly (MLA) Danam Nagendar over his defection from the Bharat Rashtra Samithi (BRS) to the Indian National Congress (INC) [Alleti Maheshwar Reddy v. The Honourable Speaker].

A Bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin said that the seat occupied by Nagendar would stand vacated and that fresh elections will have to be conducted for the same.

The Court has set aside the order of Telangana Legislative Assembly Speaker G Prasad Kumar rejecting the disqualification petition against Nagendar.

A detailed copy of the judgment is awaited.

Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin

The Court was hearing pleas filed by BJP leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy, who moved the High Court against the speaker's refusal to disqualify Nagender under the anti-defection law.

Alleti Maheshwar Reddy was represented by Senior Advocate K Vivek Reddy, briefed by advocate N Avaneesh,

Padi Kaushik Reddy was represented by Senior Advocate Gandra Mohan Rao briefed by advocate S Santosh Kumar.

Advocate Tulsi Raj Gokul appeared for the Speaker.

Senior Advocates A Venkatesh and Gourav Agrawal briefed by advocate KV Rusheek Reddy, represented Nagendar.

In July 2025, the Supreme Court had set a three-month deadline for the Speaker to decide on the disqualification of 3 MLAs including Nagendar, who had defected to the Congress party after their election on BRS tickets.

The top court had set aside a November 2024 decision passed by a Division Bench of the Telangana High Court, which had quashed a single-judge's earlier ultimatum to the Speaker to either fix a schedule for deciding the matter or possibly face adverse orders from the Court.

BRS MLAs Kuna Pandu Vivekananda and Padi Kaushik Reddy, as well as BJP MLA Alleti Maheshwar Reddy, had moved the High Court challenging the inaction of the Speaker in deciding the disqualification petitions against MLAs Venkata Rao Tellam, Kadiyam Srihari and Danam Nagender.

On September 9, 2024, single-judge Justice B Vijaysen Reddy ordered the Secretary of the Assembly to place the disqualification pleas before the Speaker, who was directed to decide on the matter in a time-bound manner. The schedule fixed for the Speaker's decision was to be communicated to the High Court.

The single-judge had added that if no action is taken within four weeks, the matter will be reopened suo motu, and appropriate orders will be issued.

This was challenged before the Division Bench of the High Court, which set aside the single-judge's ultimatum, and instead requested the speaker to decide the matter within a reasonable time.

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