The Supreme Court on Thursday dismissed Danam Nagender’s petition challenging his disqualification as a member of the Telangana Legislative Assembly, upholding the Telangana High Court’s decision under the anti-defection provisions of the Constitution.
A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana found no reason to interfere with the High Court judgment. The Supreme Court’s decision leaves the High Court order disqualifying Nagender from the Assembly in force.
Editorial Insight
Key Highlights
Important points readers should notice.
Issue/Event: Supreme Court upholds Danam Nagender’s disqualification
Location: New Delhi / Hyderabad, Telangana
Authority/Organisation: Supreme Court of India
Action Taken: Court dismissed Nagender’s plea against the Telangana High Court judgment
Impact: Khairatabad Assembly seat remains vacant following the disqualification order
Nagender had been elected from the Khairatabad Assembly constituency on a Bharat Rashtra Samithi (BRS) ticket in the 2023 Telangana Assembly elections. He later joined the Congress and contested the 2024 Lok Sabha election from Secunderabad as a Congress candidate while continuing as an MLA.
The Telangana High Court had earlier held that Nagender stood disqualified from April 23, 2024, and declared the Khairatabad Assembly constituency vacant. The Supreme Court has now declined to interfere with that ruling.
During Thursday’s hearing, Justice Joymalya Bagchi referred to the political party-switching issue while hearing arguments on the applicability of the Tenth Schedule. The observations were made during the court proceedings and form part of the hearing context.
Editorial Analysis
Why This Matters
The judgment is significant for the interpretation and enforcement of the anti-defection framework under the Tenth Schedule of the Constitution. The ruling also has political significance in Telangana because Nagender had moved from the BRS to the Congress after winning his Assembly seat and later contested a Lok Sabha election as a Congress candidate.
Official Response:
Telangana BJP president N. Ramchander Rao welcomed the Supreme Court verdict, describing it as a victory for constitutional morality.
Rao criticised Chief Minister Revanth Reddy over defections to the Congress and demanded that Congress MLAs who had defected from other parties resign and face fresh by-elections.
These are political statements made by the Telangana BJP president following the court verdict.
The Supreme Court ruling itself concerns Danam Nagender’s disqualification and does not, by itself, determine the status of other legislators facing separate defection proceedings.
