SC pulls up Telangana speaker over delay in MLAs' disqualification pleas
New Delhi, Nov. 18 -- The Supreme Court on Monday came down heavily on the Telangana legislative assembly speaker for delaying decisions on disqualification petitions against 10 Bharat Rashtra Samithi (BRS) MLAs who had defected to the ruling Congress last year, warning that failure to comply with the court-mandated timeline would amount to "gross contempt".
"Finish it or face contempt," a bench of Chief Justice of India Bhushan R Gavai, and justices K Vinod Chandran and NV Anjaria told the speaker's counsel, as it berated the prolonged inaction despite a three-month deadline fixed by the court in July.
The bench was hearing three contempt petitions filed by BRS legislators, including party working president KT Rama Rao and MLA Padi Kaushik Reddy, accusing the speaker of deliberately stalling the adjudication to politically benefit the ruling Congress, besides committing the contempt of court. The bench issued notice in all three petitions and sought a detailed explanation from the speaker within four weeks.
The proceedings saw the bench deliver strong observations on Speakers' delays under the anti-defection law.
Senior advocate Abhishek Manu Singhvi, appearing for the speaker, argued that proceedings were underway and had been delayed by "just 10 days because of floods", adding that hearings were taking place "day to day" and that the Speaker had drawn up an eight-week schedule to conclude the process.
But the bench was unmoved. "We have fixed the timeline in our previous judgment and it is for the Speaker to decide whether he wants to decide the disqualification petitions or stand before this court," the bench said.
When Singhvi submitted that orders in two petitions were reserved and only "two or three matters are left," the bench cut in: "Finish it or face contempt. We have already clarified that he does not enjoy constitutional immunity but acts as a tribunal in deciding disqualification cases."
The speaker was granted personal exemption only until the next order.
Monday's hearing followed the Supreme Court's landmark July 31 judgment, which held that constitutional courts can set timelines for speakers to decide disqualification petitions under the Tenth Schedule, given the growing pattern of long, politically convenient delays....
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