MLA Defection Case | Gross Contempt of Court: Supreme Court Slams Telangana Speaker Over Delay in Disqualifying Defector MLAs

The Supreme Court strongly criticized the Telangana Speaker for delaying decisions on disqualification pleas against ten defected MLAs, calling the inaction “gross contempt of court.” The Bench warned that failure to decide the matter next week could trigger contempt proceedings.

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MLA Defection Case | Gross Contempt of Court: Supreme Court Slams Telangana Speaker Over Delay in Disqualifying Defector MLAs

NEW DELHI: The Supreme Court on Monday criticised the Speaker of the Telangana Legislative Assembly for failing to decide on the petitions seeking the disqualification of ten BRS MLAs who defected to the Congress soon after the 2023 Telangana Assembly elections.

A Bench of Chief Justice of India (CJI) BR Gavai and Justices Vinod Chandran and NV Anjaria made it clear that the Speaker’s continued inaction amounted to “gross contempt of court.”

The Supreme Court resumed hearing the plea filed by BRS MLA Kaushik Reddy, who has been seeking prompt disqualification of the ten defected MLAs under the Tenth Schedule (anti-defection law).

Taking strong exception to the persistent delay, the CJI issued notice in the connected matters, first returnable in four weeks and later shortened it to two weeks.

The CJI remarked:

“The Telangana Speaker is in gross contempt of court. Either he decides the matter by next week or face contempt. We have already held he does not enjoy constitutional immunity. It is up to him to decide where he wants to spend his New Year.”

The Bench stressed that the issue must be decided by next week, warning that the Speaker could be held personally liable for contempt.

Senior Advocate AM Singhvi, appearing for the Telangana Assembly, responded:

“The message is loud and clear, milord.”

Background

The controversy began after ten BRS legislators defected to the Congress in 2023, soon after the Congress formed the government in Telangana. Multiple petitions seeking their disqualification were filed before the Speaker, but no decision was taken, leading to litigation before the High Court and eventually the Supreme Court.

Legal Timeline of Delays

September 9, 2024 – Telangana High Court (Single Judge):

  • Justice B Vijaysen Reddy ordered the Assembly Secretary to place the disqualification petitions before the Speaker.
  • The Speaker was directed to decide the pleas within a time-bound schedule.
  • The High Court warned that if no action is taken within four weeks, it would reopen the case suo motu.

High Court Division Bench:

  • The Speaker challenged the single-judge order.
  • The Division Bench set aside the ultimatum and merely requested the Speaker to decide within a reasonable time.

Supreme Court Intervention:

  • The Supreme Court held the Division Bench wrong in interfering with the single judge’s direction.
  • The top court gave the Speaker a three-month deadline to decide the disqualification petitions.
  • Despite this, no decision has been taken, prompting the current warnings.

The Supreme Court will take up the matter again within two weeks, while giving the Telangana Speaker time to decide on the disqualification pleas of ten defected MLAs; failure to act will result in contempt proceedings.

Case Title:
KUNCHALA SOWNDARA REDDY V STATE OF ANDHRA PRADESH AND ORS
W.P.(Crl.) No. 476/2025

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Aastha

B.A.LL.B., LL.M., Advocate, Associate Legal Editor

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