Supreme Court
The Supreme Court expressed concern over the delay in the decision on the disqualification petitions of the MLAs who joined the Congress from the Bharat Rashtra Samithi (BRS). The court has asked the Speaker of the Telangana Legislative Assembly what “proper time” means when they are so delayed in giving decisions on these disqualification petitions. The apex court also said that no party’s rights can be allowed to be violated in democracy.
This hearing was Justice B.K. R. Gawai and Justice K.K. Vinod was being done by Chandran’s bench. The bench was hearing two different petitions. A petition was filed by the BRS, stating that excessive time is being taken to decide on the disqualification of their MLAs who joined the Congress. The second petition belonged to 7 other MLAs who had defeated.
What did the court say on the violation of the rights of the parties?
During the hearing, the court asked the Telangana Legislative Assembly Speaker what the “proper time” meant to decide on disqualification petitions. The court said, “The rights of parties in democracy cannot be allowed to be violated. We fully respect the functioning of the legislature and the executive, but this does not mean that the Act of Parliament is ignored.”
What did Telangana High Court say?
The Telangana High Court issued an order in November 2024, stating that the Speaker should take a decision on these disqualification petitions within “appropriate time”. The Supreme Court now asked the Telangana Legislative Assembly Speaker to clarify what the word “proper time” means and how long it will be completed.
It was said by the officials that the Telangana Legislative Assembly Speaker has not set any concrete deadline to decide on these disqualification petitions, due to which the matter has reached the court. The bench said during the hearing that if “proper time” means decision making within three months, except exceptional circumstances, it should be brought on priority.
The lawyer appearing for the assembly sought permission from the court to hear the case after a week. On this, the bench set the next hearing of the case on 18 February. On behalf of the petitioners, the lawyer said that a bench of three judges of the Supreme Court had clearly stated that “proper time” would mean except except exceptional circumstances. (language input)
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