The Telangana High Court has disqualified Danam Nagender as a member of the Legislative Assembly by setting aside the Speaker’s earlier decision. The court ruled on petitions filed under the anti-defection law, which sought action against Nagender for switching political parties while continuing to hold his legislative seat. The Speaker had previously rejected these petitions, but the High Court overturned that decision in its recent verdict.
Nagender had won the Khairatabad Assembly constituency in the 2023 Assembly elections on a Bharat Rashtra Samithi (BRS) ticket. However, he later defected to the Congress party while retaining his position as an MLA. This move prompted several petitions challenging his eligibility to continue as a legislator, citing violations of the anti-defection provisions under the Tenth Schedule of the Indian Constitution.
The controversy deepened when Nagender contested the Secunderabad Lok Sabha seat as a Congress candidate in the 2024 parliamentary elections while still serving as an MLA. The petitioners argued that his party switch and subsequent political activities warranted disqualification under the anti-defection law, which is designed to prevent elected representatives from changing parties for personal gain.
The High Court’s decision to set aside the Speaker’s order marks a significant development in the application of anti-defection provisions in Telangana. The ruling addresses the legal question of whether an elected representative can switch political allegiance and continue to hold office. The court’s intervention came after examining the merits of the petitions and the constitutional provisions governing party defections.
The disqualification of Danam Nagender from the Khairatabad Assembly seat now creates a vacancy in the constituency. The Telangana High Court’s verdict reinforces the constitutional safeguards against political defections and holds elected representatives accountable for party switching. The decision sets a precedent for similar cases involving legislators who change party affiliations after winning elections on a particular party’s ticket.
