High Court sacks Danam Nagender
In a significant development in Telangana politics, the Telangana High Court, on Friday, disqualified Khairatabad MLA Danam Nagender under the anti-defection provisions and declared his Assembly seat vacant.
A Division Bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin set aside the decision of Assembly Speaker Gaddam Prasad Kumar, who has earlier rejected petitions seeking Nagender's disqualification.
The petitions were filed by BJP Legislature Party leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy. The petitioners had challenged the Speaker's decision in the case relating to Nagender's defection from the BRS to the Congress.
The High Court ruled that Nagender's disqualification would take effect from April 23, 2024. It also directed that the judgement be communicated to the Assembly Secretary, Speaker and the Election Commission.
The court declined a plea from Nagender's counsel seeking suspension of the order to enable him to challenge the verdict before the Supreme Court.
Meanwhile, Danam Nagender elected from Khairatabad in the 2023 Assembly elections as a BRS candidate. He subsequently joined the Congress and contested the 2024 Lok Sabha election from Secunderabad on a Congress ticket. He lost the election to BJP candidate and Union Minister G Kishan Reddy.
The disqualification dispute arose under the Tenth Schedule of the Constitution, which deals with defection by elected legislators. The petitions against Nagender, filed by the BRS legislators, were examined by the Speaker in his capacity as the authority dealing with such matters.
In March this year, the Speaker dismissed the disqualification petition, stating that the evidence presented before him was not sufficient to establish that Nagender has voluntarily relinquished his BRS membership.
Maheshwar Reddy and Kaushik Reddy subsequently moved the High Court challenging the Speaker's order. Following arguments from all sides, the Division Bench reserved its judgment in August and pronounced its decision on Friday.
Responding to the Telangana High Court's decision against him, Khairatabad MLA Danam Nagender said that he had no intention of approaching the Supreme Court.
Speaking on the judgement, Danam Nagender said that he will accept the High Court's decision. He stated that he had reached this position after facing several political battles.
He expressed confidence that he could once again fight an election and secure victory with the support of the people. He said that contesting elections was not new to him and that he was prepared to face the people and fight it out politically.
