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Disqualifies MLA Danam Nagender for Contesting as Candidate
In a significant ruling under the law, the on Friday disqualified Khairatabad MLA Danam Nagender, declaring that his decision to contest the 2024 election as a candidate while serving as a legislator amounted to . The Division Bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin set aside the earlier order of the Speaker, who had rejected petitions against Nagender.
The Road to
Danam Nagender was elected to the Telangana Assembly in on a () ticket from the Khairatabad constituency. In a dramatic political switch, he aligned with the and was fielded as its candidate for the Secunderabad constituency in the general elections. Although he lost to the candidate, his continued tenure as an MLA sparked two petitions—one by Legislature Party leader Alleti Maheshwar Reddy and another by MLA Padi Kaushik Reddy.
The Speaker, acting as the tribunal under , dismissed both petitions in , reasoning that Nagender’s conduct outside the House—contesting a parliamentary election—did not fall within his jurisdiction and that the evidence was insufficient. The petitioners then moved the High Court.
and
The High Court found the Speaker’s approach fundamentally flawed. On the question of jurisdiction, the Bench held that under is not confined to conduct inside the House. Relying on the ’s decision in , the court noted that contesting an election on another party’s ticket is a classic instance of voluntarily giving up membership. The Bench observed that the Speaker’s finding that his authority was “tethered to the legislative sphere” was a clear violation of the constitutional mandate.
On the evidentiary aspect, the court rejected the Speaker’s reliance on . Nagender had not denied the core facts: he was elected as a MLA, he filed his nomination as a candidate for the , and he campaigned against the candidate. The Bench held that these made further proof unnecessary. “When respondent No.2 had admitted all the relevant facts constituting the acts of , the Hon’ble Speaker could not take any other view of the matter except that he had defected from party,” the judgment stated.
The court also dismissed the Speaker’s objection regarding lack of proper verification under , citing the ’s ruling in that are , and cannot defeat the substantive constitutional scheme.
Key Observations from the Bench
“The under for the conduct outside the House by the Hon’ble Speaker has been applied not only in the case of Dr. Mahachandra Prasad Singh but also in , , Ravi S. Naik and . Therefore, the findings of the Hon’ble Speaker on point No.1 cannot be sustained in the permissible grounds of .”
On the effect of the party’s silence, the court clarified: “ of is not concerned with where the political party actions by respondent No.2. In an enquiry under … it is to be seen that such act has been by the political party.”
Applying the principle that to the date of the defecting act, the High Court fixed —the date Nagender filed his nomination as a candidate—as the effective date. Citing , the Bench held that subsequent events, including the party’s inaction or Nagender’s continued attendance in the House, cannot cure the . “The does not vaporise,” the court noted.
The consequence is that the Khairatabad seat stands vacant, and a will be required.
Political Reactions
working president K.T. Rama Rao welcomed the verdict, posting on X: “Satyameva Jayate!! MLA Danam Nagendar who defected to got disqualified by the Hon’ble High Court today. The rest of the defectors will also meet the same fate soon.” spokesperson N.V. Subhash called the ruling “a victory of democracy and a slap in the face for the party for backdoor entry into politics.”
Nagender, who had earlier expressed confidence in his political survival, said he would accept the court’s decision and was prepared to contest again if a is held.
The judgment is expected to have ripple effects on other pending cases involving MLAs who switched to the after the 2023 Assembly elections.
