Telangana High Court issues notices to MLA Danam Nagender and Legislature Secretary over disqualification row, intensifying legal battle on anti-defection law. BJP leader challenges Speaker’s order amid allegations of party switch before 2024 Lok Sabha elections.
In a development in the ongoing political and legal tussle in Telangana, the Telangana High Court on Monday issued notices to MLA Danam Nagender and the Legislature Secretary. The directive came during the hearing of a petition filed by BJP Legislative Party leader Alleti Maheshwar Reddy, challenging the dismissal of a disqualification plea by the Assembly Speaker.
The High Court has asked both respondents to file their counters, marking a crucial step in the legal proceedings surrounding alleged defection and the interpretation of the Anti-Defection Law under the Constitution.
Background of the Dispute
The controversy dates back to July 2024, when Maheshwar Reddy filed a disqualification petition against Nagender. The BJP leader alleged that Nagender, who was elected as a member of the Bharat Rashtra Samithi (BRS) in the 2023 Assembly elections, had effectively abandoned his party affiliation.
According to the petition, Nagender contested the 2024 Lok Sabha elections from the Secunderabad constituency as a candidate of the Indian National Congress without formally resigning from the BRS. This, the petitioner argued, amounted to “voluntarily giving up membership,” thereby attracting disqualification under the Tenth Schedule of the Constitution of India.
Legal Arguments and Supreme Court References
Maheshwar Reddy contended that the Assembly Speaker failed to properly examine whether Nagender’s actions constituted defection. He argued that contesting elections under a different party banner is a clear indicator of voluntarily relinquishing party membership.
To strengthen his case, the BJP leader cited rulings of the Supreme Court of India in similar disqualification cases from Karnataka and Bihar, where courts had taken a stricter view on defections and the conduct of elected representatives.
Speaker’s Decision and Its Implications
The disqualification petition was dismissed on March 11 by Assembly Speaker Gaddam Prasad Kumar. The Speaker ruled that the petitioner had failed to provide sufficient evidence proving that Nagender had defected to the Congress party.
The Speaker delivered similar verdicts in related cases, including that of MLA Kadiyam Srihari, who was also accused of switching loyalties.
Notably, petitions against multiple MLAs were filed by leaders across party lines. While Maheshwar Reddy and BRS MLA Kaushik Reddy sought action against Nagender, BRS MLA K. P. Vivekanand filed a petition against Srihari.
Pattern of Dismissals
The Speaker’s decision in Nagender’s case is part of a broader pattern. Since late 2025, the Speaker has dismissed disqualification petitions against all 10 BRS MLAs who were accused of aligning with the Congress after it assumed power in the state.
In December 2025, petitions against five MLAs—including Tellam Venkat Rao, Bandla Krishna Mohan Reddy, T. Prakash Goud, Gudem Mahipal Reddy, and Arekapudi Gandhi—were dismissed.
Subsequently, on January 15, petitions against Pocharam Srinivas Reddy and Kale Yadaiah were rejected. Another petition against BRS MLA Sanjay Kumar was dismissed on February 4.
In each case, the Speaker maintained that there was insufficient evidence to prove defection, emphasizing that the Anti-Defection Law could not be invoked without clear and verifiable proof.
Political and Legal Significance
The High Court’s intervention adds a new dimension to the controversy. The case is likely to test the interpretation of what constitutes “voluntarily giving up membership” under the Tenth Schedule—a phrase that has been subject to judicial scrutiny over the years.
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Legal experts believe the outcome could have far-reaching implications, not only for Telangana politics but also for similar disputes across India. The judiciary’s stance may redefine the evidentiary standards required to establish defection.
For now, all eyes are on the High Court proceedings, as the responses from Nagender and the Legislature Secretary could shape the trajectory of this high-stakes legal battle.
