A division bench of the Telangana High Court has formed a committee to review disqualification petitions filed against three Bharat Rashtra Samithi (BRS) leaders who defected to the Congress. The High Court has also declined to stay a single-judge order warning the State assembly speaker of further court proceedings if he does not decide on the petitions. The case raises the question of whether the High Court can order a speaker to decide on disqualification petitions within a fixed time frame.
High Court of Telangana Intervenes in Disqualification Petitions Against BRS Defectors
The High Court of Telangana has taken center stage in a crucial legal battle involving disqualification petitions filed against three Bharat Rashtra Samithi (BRS) leaders who defected to the Congress party. This case has sparked questions about the High Court's authority to intervene in such matters.
Background:
The three BRS leaders in question, Komatireddy Rajagopal Reddy, Revanth Reddy, and S.A. Sampath Kumar, resigned from their respective positions in the Telangana Legislative Assembly and joined the Congress in September 2021. Subsequently, disqualification petitions were filed against them by BRS leaders.
High Court's Intervention:
In February 2023, a division bench of the Telangana High Court constituted a committee to review the disqualification petitions and report its findings to the court. The bench also declined to grant a stay on a single-judge order that had warned the State assembly speaker against delaying his decision on the petitions.
The High Court's decision raises a fundamental question of whether it can direct a speaker to decide on disqualification petitions within a specified time frame. The speaker's authority in such matters is typically protected by the Constitution.
Top 5 FAQs and Answers:
Q1: What is the legal basis for disqualification petitions? A1: Under the Tenth Schedule of the Constitution, known as the Anti-Defection Law, elected representatives can be disqualified from holding their positions if they voluntarily give up membership of the political party on whose ticket they were elected.
Q2: Why is the High Court intervening in this case? A2: The High Court has intervened because the petitioners have alleged that the speaker is deliberately delaying his decision on the disqualification petitions. They argue that this undue delay is preventing them from participating in legislative proceedings.
Q3: What is the committee formed by the High Court expected to do? A3: The committee is tasked with reviewing the disqualification petitions, examining relevant evidence, and submitting its findings to the High Court.
Q4: What if the speaker does not decide on the petitions within the time frame? A4: The High Court has warned the speaker that further court proceedings could be initiated if he fails to act promptly. The High Court may ultimately order the speaker to decide on the petitions within a specified time frame.
Q5: How does this case impact the principle of separation of powers? A5: The intervention of the High Court in this case raises questions about the balance of power between the judiciary and the legislature. The speaker's decision-making authority is generally considered to be protected by the doctrine of separation of powers. However, the High Court's actions suggest that it may be willing to assert its authority in certain circumstances.
The bypoll for the Meerapur Vidhan Sabha constituency in Uttar Pradesh has attracted attention with a total of 11 candidates vying to be elected as the MLA. The constituency, which is part of the Bijnor Lok Sabha seat, has been necessitated due to the resignation of Chandan Chauhan. Stay updated with live result updates to find out who will be the new Member of Legislative Assembly for Meerapur.
A heated debate has arisen between the Samajwadi Party and the BJP over the issue of voter identity verification for Muslim women wearing burqas, hijabs, niqabs, and ghunghats in the upcoming UP by-election. The Samajwadi Party has approached the Election Commission demanding that Muslim women should not have to remove their burqas for checks, while the BJP argues that every voter must be identified. The Election Commission has confirmed that only the polling officer is authorised to verify voter ID cards, and police or security personnel are not permitted to check ID cards or request a woman to remove her burqa. As polling continues, the outcome of this controversy remains to be seen.
Amidst growing controversy and criticism, the ruling BJP in Uttar Pradesh seems to have a dilemma over its slogan, "Batoge to Katoge" coined by CM Yogi Adityanath. Within the party, Deputy CM Keshav Prasad Maurya has expressed ignorance about the slogan's context, causing opposition parties to question the party's unity. The BJP's attempts to present a consistent narrative seem to have failed as even party leaders like Ajit Pawar have spoken against the slogan. With differing slogans from top leaders, the opposition accuses the BJP of contradictions.
The results for the Maharashtra and Jharkhand Assembly polls are in, with the Shiv Sena-NCP alliance and the JMM facing a stiff challenge from the BJP. Despite facing internal divisions, the Maha Yuti alliance in Maharashtra looks set to secure a victory. Meanwhile, in Jharkhand, the JMM, bolstered by its I.N.D.I.A. allies, is expected to retain power. Stay updated with live updates and coverage on Deccan Herald and make sure to follow their Whatsapp, X, Facebook, YouTube, and Instagram channels for more news.
In the recently concluded Maharashtra Assembly elections, the Congress faced a major defeat in direct contests with the BJP, winning only 10 out of 75 seats. This is a significant decline from their performance in the Lok Sabha polls earlier this year. The BJP's average vote share per seat contested rose by 6 percentage points, while the Congress saw a decline of 14 percentage points. In some key constituencies, the Congress finished in fourth place, highlighting the immediate need for the party to reassess its strategies and connect with the voting public.
In a surprising turn of events, the Bharatiya Janata Party-led Mahayuti alliance has emerged victorious in the Maharashtra Assembly elections, securing a record-breaking 234 out of 288 seats. With the BJP coming out as the single largest party, winning 132 seats on its own, all eyes are now on who will be the Chief Minister of the state. The ruling alliance's stunning win has left Shiv Sena and Sharad Pawar's NCP far behind, with only 57 and 10 seats respectively. As celebrations break out in the winning camps, the people of Maharashtra eagerly await the next CM's announcement.
The INDI Alliance, led by Jharkhand Mukti Morcha's (JMM) Hemant Soren, secured a clear victory with 56 seats in the Jharkhand Assembly Elections 2024. The alliance's biggest partner, JMM, bagged 34 seats while Congress and RJD received 16 and 4 seats respectively. On the other hand, BJP-led NDA fell short with only 24 out of 81 assembly seats, out of which BJP alone won 21. The Jharkhand assembly elections were held in two phases and a total of 1,211 candidates were in the electoral race.
Despite initial confidence in the Maha Vikas Aghadi alliance's victory in the Maharashtra Assembly elections, Shiv Sena MP Sanjay Raut retracts statement and claims the results are not acceptable. This comes as the alliance struggles to maintain their lead against the MahaYuti alliance. In response, BJP Minister Chandrakant Patil extends an invitation to Shiv Sena chief Uddhav Thackeray to rejoin the MahaYuti, stating their comfortable position in forming the next government. The decision for the next chief minister will be made by the top leadership of the BJP and MahaYuti.
The ruling Mahayuti alliance is set for their third straight term in Maharashtra as they lead with 234 seats. PM Modi has praised their victory, while CM Eknath Shinde and Dy CM Ajit Pawar express their gratitude to the people. Meanwhile, the INDIA bloc is leading with 56 seats in Jharkhand, with JMM's Hemant and Kalpana Soren emerging as winners. In Maharashtra, BJP has won 125 seats, Shiv Sena has won 55, and NCP has won 40, while in Jharkhand, the BJP has won 24. Despite some internal disputes, the alliance has come out victorious with a strong lead in both states.
Aaditya and Amit Thackeray, political cousins in Maharashtra, have had varied outcomes in the latest assembly elections. While Aaditya managed to win a second term with thanks to his uncle's influence, Amit lost out on his maiden polls and can attribute some of the loss to his own uncle's decision. This highlights the complicated family politics at play in India and the impact it has on election results. The strongholds of Worli and Mahim saw three-way contests, with the MNS's entry proving to be a game-changer. The close margins highlight that a direct face-off between Aaditya and rival Milind Deora or between Mahesh Sawant and Eknath Shinde Sena can produce different results.