Telangana HC disqualifies Danam Nagender under the anti-defection law. Dr K A Paul welcomes the ruling and seeks examination of other MLA cases
Hyderabad: Praja Shanti Party president Dr. K. A. Paul has welcomed the Telangana High Court’s verdict disqualifying Khairatabad MLA Danam Nagender under the anti-defection provisions.
The High Court set aside the Telangana Assembly Speaker’s earlier decision and declared Nagender disqualified as an MLA. The court also declared the Khairatabad Assembly seat vacant and directed its Registry to communicate the decision to the Assembly Speaker and the Election Commission.
Nagender won the Khairatabad Assembly seat on a BRS ticket in the 2023 Telangana Assembly election. He later joined the Congress and contested the 2024 Lok Sabha election from Secunderabad on a Congress ticket. The High Court’s order took effect from April 23, 2024.
Dr K A Paul Welcomes Court Decision
Dr. Paul said the judgment concerns the constitutional framework governing elected representatives and should not remain limited to an individual politician or party.
“I welcome the judgment of the Hon’ble High Court of Telangana. This is not about one individual or one political party. It is about respecting the mandate of the people and ensuring that constitutional provisions governing elected representatives are applied in accordance with law,” he said.
Paul said he had approached the Telangana High Court through a Public Interest Litigation in 2024 regarding 10 BRS MLAs who later moved towards the Congress. He said Danam Nagender was among the legislators named in the petition.
Paul Seeks Examination of Nine Other Cases
Following the Danam Nagender verdict, Paul called for the competent authorities to examine the cases involving the other nine MLAs on their individual legal merits.
“There are other MLAs whose cases involve similar circumstances. I urge the competent authorities to examine those matters without political considerations and take whatever action is warranted under the Constitution and applicable law,” he said.
The status of the other cases involves separate legal proceedings and should be assessed individually rather than treated as automatically decided by the Nagender ruling.
Focus on Constitutional Framework
Paul also linked the issue to the wider functioning of electoral and constitutional institutions.
He cited earlier judicial developments involving elected representatives, including the 1975 Allahabad High Court judgment concerning Indira Gandhi and proceedings related to defections involving BSP legislators in 2007.
He said courts and competent authorities should decide each matter according to its facts and applicable law.
“Political parties and governments may change, but the Constitution remains,” Paul said.
The High Court’s decision has left the Khairatabad Assembly seat vacant.
