‘Does Reasonable Time For The Speaker Mean A Decision At The End Of Assembly’s Term’, SC On BRS MLAs Disqualification Row

The apex court said that in a democracy, the rights of the parties cannot be permitted to be frustrated.

New Delhi:The Supreme Court on Monday queried regarding the perception of “reasonable time” for the Telangana assembly speaker to decide pleas for disqualification of BRS MLAs, who defected to the Congress, saying whether the “reasonable time” could also mean the end of the term of assembly.

The matter came up before a bench comprising justices B R Gavai and K Vinod Chandran. The bench said in a democracy, the rights of the parties cannot be permitted to be frustrated. “We have all the respect for the other two wings but that does not mean that the Act of Parliament should itself be permitted to be frustrated,” said the bench.

During the hearing, the bench sought to know the “reasonable time” for the speaker to decide on the disqualification petition.

The bench queried the counsel, representing the legislative assembly, whether the “reasonable time” could also mean the end of the term of assembly, and asked what is the perception of the reasonable time? The counsel requested the bench to schedule the matter for further hearing after a week. “If you don’t give us a reasonable time, we are reasonable men,” said Justice Chandran.

Petitioners’ counsel stressed that a three-judge bench of the Supreme Court had said a “reasonable time” would mean within three months, barring exceptional circumstances.

After hearing submissions, the bench has scheduled the matter for further hearing on February 18. The apex court was hearing two separate petitions, including the one filed by the BRS and others over the delay in deciding the disqualification petitions.

A division bench of the high court had said the state legislative assembly speaker must decide on the disqualification petitions against the three MLAs within a “reasonable time”.

One of the pleas challenged the November 2024 order of the Telangana High Court over the disqualification of three BRS MLAs, who joined the ruling Congress party in the state. The other petition was filed in connection with the remaining seven legislators who defected.

In November last year, the high court set aside an earlier order passed by a single judge that the assembly secretary should place the disqualification petitions of BRS MLAs — Danam Nagender, Tellam Venkat Rao and Kadiyam Srihari — before the speaker.

The high court had said that the speaker must decide the disqualification petitions within a reasonable time.