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Supreme Court upholds Danam Nagender’s disqualification over defection (Img: Dynamite News)
New Delhi: The Supreme Court on Thursday declined to entertain a plea by BRS MLA Danam Nagender, challenging a Telengana High Court order, which disqualified him following his defection to the ruling congress, observing it was a case of 'Aya ram, Gaya ram'.
The High Court set aside an order from the Telengana assembly Speaker in March this year that dismissed petitions seeking his disqualification. The matter was heard by a bench comprising Chief Justice of india Surya kant and justices Joymala Bagchi and V Mohana, senior advocate Mukul Rohtagi appeared for BRS MLA.
The Bench found no reason to interfere with the high court's order " Your case is 'Aaya Ram, Gaya Ram, phir Aaya Ram ?'"
Justice Bagchi remarked orally. The phrase describes politicians who frequently switch sides. Mukul Rohtagi submitted that there is a provision in the 10th Schedule to condone the act of a member giving up party membership . "Ghar wapsi ?" Justice Bagchi commented again in a lighter vein.
Rohtagi referred to paragraph 2(1)(b) of the 10th schedule. The senior counsel contended that there is a provision where the party cn condone the member's act.
However,the bench pointed out that this provision is applicable only 2(1) (b) regarding voting against the whip, and not para 2(1)(a), which deals with giving up of party membership.
The High Court had declared Nagender,MLA from Khairtabad, disqualified from April 23,2024, as a member of Telengana Legislative assembly, having contested from Secendrabad Lok sabha constituency on the Congress ticket in 2024, while being a MLA of the BRS.
The order was passed while dealing with petitions filed by BJP floor leader in the state Assembly, Elleti Maheshwar reddy and P Kaushik Reddy of BRS.
The petitioners sought to quash and set aside the Speaker's order and to declare that Nagender be disqualified as MLA as per 2(1) (a) of the 10th schedule from the date of filing of the nomination affidavit for the 2024 lok sbha elections.
