Congress Member of Legislative Assembly (MLA) Danam Nagender on Monday moved the Supreme Court against the Telangana High Court's order disqualifying under the anti-defection law.
Senior Advocate Mukul Rohatgi mentioned the matter before a Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, seeking urgent listing.
“High Court has on Friday disqualified an MLA. This was not at the behest of the party, but someone else, who says that he has lost the political membership of the party. I'm requesting for tomorrow,” said Rohatgi.
He submitted that the case concerned the Tenth Schedule (anti-defection law) and that the Speaker had rejected the disqualification plea before the High Court overturned that decision.
Rohatgi also expressed concern that a by-election notification could be issued following the High Court's order.
Taking note of the submissions, CJI Kant said that the matter would be listed on Wednesday (September 23).
Nagender was elected from Khairatabad on a Bharat Rashtra Samithi (BRS) ticket in the Telangana Assembly. He later joined the Congress and contested the 2024 Lok Sabha election from Secunderabad on a Congress ticket.
BJP leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy had subsequently moved the Telangana High Court seeking Nagender's disqualification under the anti-defection law, challenging the Speaker's refusal to disqualify him.
In July 2025, the Supreme Court had directed the Telangana Assembly Speaker to decide the disqualification petitions against Nagender and two other MLAs within three months.
The Speaker subsequently rejected the disqualification petition against Nagender, prompting the petitioners to return to the High Court.
On September 18, the Telangana High Court set aside the Speaker's decision and disqualified Nagender from the Assembly.
Additionally, it also declared the Khairatabad seat vacant and directed that fresh elections be held for the constituency.
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