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B. VIJAYSEN REDDY
Padi Kaushik Reddy – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
B. VIJAYSEN REDDY, J.
In all these writ petitions the common question which arises for consideration is “Whether the High Court in exercise of power of the judicial review can issue direction to the Speaker of Legislative Assembly to decide disqualification petitions within a fixed time frame”. Hence, the writ petitions are disposed of by this common judgment.
2. WP.No.9472 of 2024 is filed by Padi Kaushik Reddy, Bharat Rashtra Samithii (BRS) MLA and WP.No.18553 of 2024 is filed by Alleti Maheshwar Reddy, Bharaitya Janata Party (BJP) MLA and Floor Leader of BJP Legislature Party in Telangana State Legislative Assembly, to declare the action of the respondent No.2-Speaker of the Assembly in not adjudicating their petitions dated 18.03.2024 and 01.07.2024 respectively seeking disqualification of respondent No.5-Danam Nagender, MLA, Khairatabad Constituency, as being arbitrary, unconstitutional, against the spirit of democracy and X Schedule of the Constitution of India and for a direction to the Speaker to receive and decide the disqualification petitions within four weeks/three months.
3. WP.No.11098 of 2024 is filed by Kuna Pandu Vivekananda, BRS MLA, to declare the action o
Judicial review is permissible in disqualification matters, and the Speaker must decide petitions within a reasonable timeframe to uphold democratic principles.
The Speaker has the exclusive authority to decide disqualification petitions under the Tenth Schedule, and must act within a reasonable time to uphold constitutional mandates.
The Speaker must decide disqualification petitions within three months to uphold constitutional objectives and prevent political defections.
Point of law: Election - Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
(1) Political imbroglio in State Legislature of Maharashtra – Supreme Court cannot ordinarily adjudicate petitions for disqualification under Tenth Schedule in first instance. There are no extraordin....
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
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