Supreme Court Upholds Danam Nagender’s Disqualification, Khairatabad Seat Vacant

Telangana politics witnessed another major development as the Supreme Court upheld the Telangana High Court’s order disqualifying Khairatabad MLA Danam Nagender, effectively ending his tenure as a legislator. The apex court dismissed Nagender’s petition challenging the High Court order, which had declared the Khairatabad Assembly constituency vacant on September 18.

A three-judge bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan heard the matter on Thursday. The case centred on whether Nagender’s subsequent attempt to return to the BRS could undo the consequences of his political switch. The court questioned whether returning to his former party could protect him from disqualification under the Tenth Schedule of the Constitution.

Nagender was elected from Khairatabad on a BRS ticket in the 2023 Telangana Assembly elections. However, during the 2024 Lok Sabha elections, he contested the Secunderabad parliamentary seat as a Congress candidate while continuing to remain an MLA from BRS. The High Court had treated his decision to contest the Lok Sabha election on a Congress ticket as the key ground for disqualification. Although he lost the parliamentary election, Nagender continued to seek to retain his Assembly membership.

During the Supreme Court hearing, senior advocate Mukul Rohatgi, appearing for Nagender, argued that the Tenth Schedule allowed scope for a legislator to return to the original party, describing Nagender’s move as “Ghar Wapsi”. The bench questioned whether such a return could erase the consequences of disqualification. It also distinguished between rejoining a political party and regaining membership of the legislature.

The hearing also referred to the familiar political phrase “Aaya Ram, Gaya Ram”, used to describe frequent party switching. Senior advocate Mahesh Jethmalani, appearing for BJP MLA Aleti Maheshwar Reddy, described the matter as falling within the Tenth Schedule. The bench, referring to Nagender’s proposed return to BRS, also made a verbal reference to “Phir Aaya Ram?”

The disqualification proceedings were initiated after Aleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy approached the High Court. The court had set aside the Speaker’s decision and declared Nagender disqualified from April 23, 2024.

Nagender has said he is ready to contest the Khairatabad by-election and expressed confidence in winning again. The timing of the by-election will depend on the Election Commission’s decision and the formal notification of the vacancy by the Assembly authorities.