The possibility of a by-election to the Khairatabad Assembly constituency in Hyderabad has moved closer after the Supreme Court on Thursday declined to interfere with the Telangana High Court judgment disqualifying sitting MLA Danam Nagender under the anti-defection law.
Nagender had challenged the High Court order that disqualified him from the Telangana Legislative Assembly after he contested the 2024 Lok Sabha elections as a Congress candidate while continuing as an MLA elected on a Bharat Rashtra Samithi ticket.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana reportedly observed that the High Court had correctly interpreted the law and found no ground to interfere.
During the hearing, Justice Bagchi made a light-hearted remark referring to Nagender’s decision to contest the Lok Sabha elections after winning as an MLA, comparing the Assembly seat to a “fixed deposit” and the Lok Sabha contest to trying the “share market.”
Senior advocate Mukul Rohatgi, appearing for Nagender, argued that the Tenth Schedule contains a provision allowing a political party to condone certain acts committed by a member.
The Bench, however, pointed out that such protection applies to cases involving voting or abstaining against a party whip under Paragraph 2(1)(b), and not to cases involving voluntarily giving up party membership under Paragraph 2(1)(a).
Counsel representing the BRS also denied that the party had condoned Nagender’s conduct and pointed out that BRS members themselves had pursued his disqualification.
The Telangana High Court had earlier set aside the Assembly Speaker’s decision rejecting the disqualification petitions and held that Nagender had incurred disqualification under the anti-defection law. It also declared the Khairatabad seat vacant and directed that a fresh election be held.
Nagender had won the Khairatabad constituency in the 2023 Telangana Assembly elections on a BRS ticket. He later joined the Congress and contested the 2024 Lok Sabha elections from Secunderabad as a Congress candidate.
The High Court held that his disqualification would take effect from April 23, 2024, the date on which he entered the Secunderabad Lok Sabha contest as a Congress candidate while still holding the Khairatabad Assembly seat as a BRS MLA.
With the Supreme Court declining to interfere, the High Court order remains in force. The next step will depend on the formal electoral process and notification by the Election Commission.
