Speaker’s decision cannot be sustained under judicial review: HC

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The Telangana High Court, disqualifying Danam Nagender as MLA on Friday, observed that the finding of the Assembly Speaker on jurisdiction pertaining to disqualification violated the constitutional mandate under Article 191 (2) of the Constitution read with para 2 (1) (a) and 2 (1) (b) of the Tenth Schedule.

Referring to the Speaker’s observation that the act of contesting Lok Sabha election on a different party’s ticket while being an MLA of a specific party was not constitutionally prohibited was perverse in the eye of law, the bench noted. The MLA did not deny the material fact that he got elected on BRS ticket as MLA in 2023 and his nomination for Secunderabad MP seat as Congress candidate, the bench said.

He also campaigned against the BRS candidate in the Lok Sabha elections. When the MLA admitted all the relevant facts, the Speaker could not take any other view except that MLA had defected from BRS party, the bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin said.

The bench noted the decision of the Speaker was unsustainable on the grounds of judicial review under Article 226 of the Constitution as laid down in the case of Kihoto Hollohan.

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