SC brings anti-defection law back under lens
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The case arose after separate special leave petitions (SLP) were filed on 15 Januaryย by BRS MLAs Padi Kaushik Reddy and K.P. Vivekanand seeking action against MLAs Danam Nagender, Tellam Venkat Rao, Kadiyam Srihari and others. The current judgment was given after combining all the SLPs into one hearing.

The case of Danam Nagender is particularly intriguing. Though he is an MLA from the BRS, he contested, and lost, the 2024 Lok Sabha elections from Secunderabad on a Congress ticket. He is often seen in the company of the CM and other Congress leaders.

Telangana Pradesh Congress Committee president Mahesh Kumar Goud has confirmed that the speaker is seeking legal opinion on the SC judgement. โ€œThe court cannot say anything more. The case of Danam Nagender is dicey. We are ready to face by-polls and local body polls,โ€ he said.

Congress MLC Addanki Dayakar said the speakerโ€™s word would be final. He also pointed out that the BRS had previously merged entire legislature parties into its fold, including those from Congress, TDP and BSP even when it had a clear majority. โ€œMany defectors were rewarded with ministerial berths, including Talasani Srinivas Yadav in 2014 and Sabita Indra Reddy in 2019,โ€ he added.

BRS MLC Dasoju Sravan defended past mergers under legal provisions and accused Congress of hypocrisy. โ€œThey championed automatic disqualification in their 2024 manifesto, but when in power, hesitate to act. Why wait for SC intervention?โ€ he asked.

Asked how to deal with this situation, senior Supreme Court advocate P. Niroop said it was โ€œan exercise in futilityโ€ and there is no solution. โ€œEven when rules are in place, courts can’t compel speakers to act swiftly. The system is designed to delay,โ€ he said.

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