The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court on Monday sought to know the perception of “reasonable time” for the Telangana Assembly Speaker to decide pleas for disqualification of BRS MLAs, who defected to the Congress, asking rather wryly, if it could also mean the end of the term.
A bench of B R Gavai and K Vinod Chandran said in a democracy, the rights of the parties cannot be permitted to be frustrated.
“We have all the respect for the other two wings but that does not mean that the Act of Parliament should itself be permitted to be frustrated,” the bench said.
In its hearing, the bench sought to know the “reasonable time” for the Speaker to decide on the disqualification petition.
The bench asked the counsel, representing the legislative Assembly, whether the “reasonable time” could also mean the end of the term of Assembly.
"What is the perception of the reasonable time," the bench asked the counsel, who urged the bench to fix the matter for further hearing after a week.
“If you don’t give us a reasonable time, we are reasonable men,” the bench said, indicating the court itself would fix the timeframe upon inordinate delay.
Petitioners’ counsel said that a three-judge bench of the Supreme Court had said a “reasonable time” would mean within three months, barring exceptional circumstances.
The court fixed the matter for further hearing on February 18.
Two separate petitions, including the one filed by the BRS Chief K T Rama Rao and others have been filed questioning the delay in deciding the disqualification petitions.
A division bench of the High Court had said the state legislative Assembly Speaker must decide on the disqualification petitions against the three MLAs within a “reasonable time”.
One of the pleas challenged the November 2024 order of the Telangana High Court over the disqualification of three BRS MLAs, who joined the ruling Congress party in the state. The other petition was filed in connection with the remaining seven legislators who defected.
In November last year, the High Court set aside an earlier order passed by a single judge that the Assembly secretary should place the disqualification petitions of BRS MLAs — Danam Nagender, Tellam Venkat Rao and Kadiyam Srihari — before the Speaker.
The High Court had said that the Speaker must decide the disqualification petitions within a reasonable time.