'Decide in two weeks or face contempt': SC raps Telangana Speaker on disqualification of BRS MLAs

NEW DELHI: The Supreme Court on Monday expressed strong displeasure and issued a contempt notice to the Telangana Speaker for failing to decide within the stipulated three months from July 31 to October 30 the plea by BRS MLA Kaushik Reddy seeking the disqualification of 10 MLAs who defected to the Congress. The Court warned the Speaker he could face contempt if he did not act within two weeks. It was for him (Telangana Speaker) whether he wants to decide the matter or face contempt of the court.... this is gross contempt of the court, said a bench headed by CJI BR Gavai. On 31 July, the Court had directed the Speaker to decide within three months on the disqualification of the 10 MLAs who joined the ruling Congress party. During Mondays hearing, the CJI issued notices in all matters, returnable in two weeks, and directed the Speaker to conclude the process within that period or face contempt. The Court reiterated that the Speaker does not enjoy constitutional immunity when deciding such matters. The CJI also hinted at possible consequences, remarking that the Speaker would have to decide where he has to celebrate his NYE (New Years Eve). While previously allowing petitions filed by BRS leaders KT Rama Rao, Padi Kaushik Reddy and KO Vivekanand, the bench had observed that political defections were a matter of national concern and, if not curbed, could destabilise democracy. We are inclined to allow the present appeal. November 22, 2024 order passed by the Division Bench is set aside. The disqualification proceedings against 10 MLAs are to be decided as expeditiously as possible and within 3 months. No MLA shall be allowed to protract the proceedings. If done so, then Speaker shall draw adverse inferences, the Court had said. Setting aside the Telangana High Court division bench ruling that nullified a single-judge direction to schedule hearings, the Supreme Court stressed that no MLA should be permitted to delay disqualification proceedings. The bench also said Parliament should review the current mechanism for MLA disqualification, noting that Speakers often delay such cases, undermining action against defectors and posing a danger to democracy. The petitions by BRS leaders sought timely action by the Speaker on the pending disqualification cases. The Court earlier noted it was unfortunate that the Speaker issued notices seven months after the petitions were filed only after the Supreme Court intervened. The Court reiterated that the Speaker, when acting as an adjudicating authority under the Tenth Schedule, functions as a tribunal subject to the jurisdiction of the High Courts and Supreme Court. The Speaker while acting as a Tribunal under the tenth schedule, does not enjoy any constitutional immunity, it said. The Court also directed the Speaker not to allow the MLAs facing disqualification to prolong the proceedings, adding that any attempt to delay could lead to adverse inferences.