Supreme Court gives Telangana Speaker more time to decide anti-defection pleas against BRS MLAs who shifted allegiance

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The court cautioned that the Speaker, which acts as a quasi-judicial tribunal under the Tenth Schedule (anti-defection law) of the Constitution, would be in contempt if a decision is delayed beyond the deadline.

The court cautioned that the Speaker, which acts as a quasi-judicial tribunal under the Tenth Schedule (anti-defection law) of the Constitution, would be in contempt if a decision is delayed beyond the deadline. | Photo Credit: Shashi Shekhar Kashyap

The Supreme Court on Friday (February 6, 2026) gave the Telangana Assembly Speaker a final opportunity to decide disqualification petitions against the remaining two of the 10 Bharat Rashtra Samiti (BRS) legislators who faced defection charges after shifting allegiance to the ruling Congress party in the State.

A Bench headed by Justice Sanjay Karol gave the Assembly Speaker three weeks to positively decide the petitions. The court cautioned the Speaker, which acts as a quasi-judicial tribunal under the Tenth Schedule (anti-defection law) of the Constitution, would be in contempt if a decision is delayed beyond the deadline.

In November last year, the apex court had similarly warned that the Speaker was in “gross contempt” for delaying a decision on the petitions.

Subsequently in December, the Speaker had rejected seven of the 10 disqualification petitions. The case had been adjourned by a fortnight when it came up for hearing last on January 16.

On Friday (February 6, 2026), senior advocate A.M. Singhvi, appearing for the State of Telangana, said a decision had been taken in a further one. He sought three weeks more for the Speaker to decide the case against the last two legislators. In July, the top court had allowed the Speaker three months to complete the disqualification proceedings under the Tenth Schedule.

“Either this [disqualification petitions] has to be decided by next week, or face contempt. This is gross contempt. We have already said he does not enjoy Constitutional immunity while acting as a tribunal under the Tenth Schedule. It is up to him to decide where he wants to spend the New Year’s day,” Chief Justice (now retired) B.R. Gavai had orally observed in the July 2025 hearing.

The court has consistently endeavoured to impress upon the Telangana Speaker that his office cannot sit over disqualification petitions till they “die a natural death” towards the end of the term of the House.

Published - February 06, 2026 04:07 pm IST

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