The Supreme Court on Monday pulled up the Telangana Legislative Assembly Speaker for failing to comply with its earlier direction to decide within three months the disqualification petitions filed against 10 Bharat Rashtra Samithi (BRS) MLAs who defected to the ruling Congress. Calling the delay the “grossest kind of contempt,” the court issued notices to the Speaker and others involved.
A bench headed by Chief Justice of India B R Gavai noted that despite its July 31 order, no final decision had been taken on the pleas filed by BRS leaders K.T. Rama Rao, Padi Kaushik Reddy, and K.O. Vivekanand. The bench had then asked the Speaker to conclude the proceedings within three months.
While issuing contempt notices, the bench exempted the Speaker and other respondents from personal appearance for now.
The court also issued notice on a separate plea from the Speaker’s office seeking an extension of eight more weeks to complete the disqualification proceedings. Senior advocates Mukul Rohatgi and Abhishek Manu Singhvi, appearing for the Speaker’s office along with lawyer Sravan Kumar, said substantial progress had been made. They informed the bench that hearings in four matters were complete and evidence had been recorded in three others.
The CJI, however, expressed displeasure, remarking, “This should have been concluded… This is the grossest kind of contempt… It is for him to decide where he wants to celebrate the new year.”
Rohatgi assured the court that he would personally convey its concerns to the Speaker and expressed hope that decisions would be delivered within the next four weeks.
The bench has now posted the matter for further hearing after four weeks. Earlier, on November 10, the court had agreed to list for November 17 the contempt petition that triggered Monday’s proceedings.
The contempt plea arises from the Supreme Court’s July 31 judgment delivered by the CJI and Justice A.G. Masih. In that ruling, the court had reiterated that a Speaker acts as a tribunal when deciding disqualification petitions under the Tenth Schedule of the Constitution and, therefore, does not enjoy any “constitutional immunity” from judicial scrutiny.
The Tenth Schedule contains provisions dealing with disqualification on grounds of defection.
