The Supreme Court on Wednesday rebuked Telangana Chief Minister A. Revanth Reddy over his statement made in the state Assembly, saying he was making mockery of the anti-defection law.
The Chief Minister had stated that there would be no by-elections even if the MLAs of the opposition Bharat Rashtra Samithi (BRS) defect to the ruling Congress.
“If this is said on the floor of the house, your Hon’ble CM is making a mockery of the 10th Schedule,” the bench of Justices B.R. Gavai and A.G. Masih opined. The bench slammed the Chief Minister while hearing petitions filed by BRS leaders which sought disqualification of BRS MLAs who defected to Congress last year.
BRS MLA P. Kaushik Reddy had filed the petition seeking the disqualification of MLAs T. Venkata Rao, Danam Nagender, and Kadiyam Srihari for defecting to the Congress after winning the election on BRS tickets.
The Telangana High Court, in November last year, directed the Speaker of the Telangana Assembly to decide on the disqualification petitions within a ‘reasonable time’.
Later, Kaushik Reddy and another BRS MLA K. Pandu Vivekananda and BJP MLA A. Maheshwar Reddy filed separate petitions in the Supreme Court, seeking direction to the Speaker to decide on the disqualification petitions in a time-bound manner.
The Supreme Court is also hearing the petition of BRS Working President K. T. Rama Rao, seeking the disqualification of seven other BRS MLAs who switched loyalties to Congress.
During the hearing on the petitions on Wednesday, counsel for the petitioners C. Aryaman Sundaram brought to the court’s notice the statement made by the Chief Minister in the Assembly on March 26.
Appearing for the respondents, senior advocate Mukul Rohatgi argued that Assembly proceedings were not in question in the present case.
Justice Gavai suggested that the senior lawyer warn the Chief Minister against making such controversial statements in the legislature.
“We know we are slow in issuing contempt notices, but we are also not powerless,” he said.
The bench observed that statements made in legislatures have sanctity.
“When politicians say something in the Assembly, it has got sanctity. In fact, the judgments say that when we interpret laws, the speech given on the floor of the House can be used for interpreting,” it said.
Justice Gavai told Rohatgi to warn the Chief Minister against repeating the mistake.
The judge was apparently referring to the CM’s remark made in August last year about the bail granted to BRS MLC K. Kavitha in Delhi liquor policy case. Revanth Reddy had reportedly stated that Kavitha could secure bail within five months as the vote bank of the BRS was transferred to the BJP.
“Do we pass our orders in consultation with political parties? We are not bothered about which party politicians belong to… We are not bothered by politicians’ criticism of our orders. We do our duty as per the Constitution and our oath,” Justice Gavai had said while addressing Rohatgi and Siddharth Luthra, appearing for Revanth Reddy.
After the Supreme Court faulted the Chief Minister for his remarks, he unconditionally expressed his regret.
Speaking in the Assembly last month, the Chief Minister told BRS MLAs who switched loyalties to the Congress that they need not worry as by-elections will not be held.
The Chief Minister stated that during the BRS rule, turncoats took oath as ministers and no by- elections were held in the previous government.
“How will by-elections be held now?” he asked.
The Chief Minister’s statement drew a strong reaction from the BRS leader Rama Rao, who had said that they would bring this to the court’s notice.
