Full Breakdown
Danam Nagender Disqualified by Telangana High Court Under Anti-Defection Law
By Drooid · · How we work
Core Event – Court Overturns Speaker’s Decision
On September 18 2026, a division bench of the Telangana High Court set aside Assembly Speaker Gaddam Prasad Kumar’s order that had allowed Khairatabad MLA Danam Nagender to retain his seat. The bench, headed by Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, ruled that “Respondent 2 (Nagender) stands disqualified from April 23 2024 as a member of Telangana Legislative Assembly… the seat is rendered vacant.”
Background & Context
Nagender won the December 2023 Assembly poll on a Bharat Rashtra Samithi (BRS) ticket. He later joined the Indian National Congress and contested the May 2024 Lok Sabha election from Secunderabad while still an MLA. Under paragraph 2(1)(a) of the Tenth Schedule, such dual candidature triggers disqualification. Petitions for his removal were filed by BJP floor-leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy; the Speaker dismissed them on March 11, leading to the high-court challenge.
Timeline
- April 23 2024 – Date of Nagender’s Lok Sabha candidature, used as the effective disqualification date.
- March 11 – Speaker dismisses the petitions.
- September 9 2025 – Single-judge order directs the Speaker to schedule hearings.
- November 27 2025 – Division bench sets aside the single-judge order.
- July 31 2025 – Supreme Court orders the Speaker to decide within three months.
- September 18 2026 – High Court disqualifies Nagender and declares the Khairatabad seat vacant.
Data & Statistics
Ten BRS MLAs were identified as having switched allegiance to the Congress during March-August 2024, including Kadiyam Srihari and Pocharam Srinivas Reddy. Petitions were filed against all ten; the current order addresses only Nagender, with the other nine pending.
Official Statements & Responses
- Justice G.M. Mohiuddin emphasized that the anti-defection provision applies from the date of the Lok Sabha contest.
- K.T.R., BRS working president, posted on X that the judgment reinforces constitutional safeguards against party switching.
Criticism & Opposition
- T. Harish Rao, BRS senior leader, wrote to Lok Sabha Opposition Leader Rahul Gandhi on March 13, accusing Gandhi of “double standards” for championing democratic values nationally while the Congress-led state government, according to Rao, undermines those principles.
Why It Matters / Impact
The decision underscores the judiciary’s willingness to enforce the Tenth Schedule’s anti-defection provisions and signals that the Speaker’s discretionary powers in defection inquiries are subject to judicial review, affecting pending petitions against the remaining eight BRS MLAs.
Conflicting Reports & Gaps
Sources agree on the High Court’s disqualification order and the dates listed. The primary gap remains the pending outcomes for the other nine MLAs.
Verbatim Quotes
- “Respondent 2 (Nagender) stands disqualified from April 23, 2024 as a member of Telangana Legislative Assembly, having contested as a candidate set up by Congress party for Secunderabad constituency in the Lok Sabha elections 2024 despite being a member of BRS party; as a result thereof, the said seat is rendered vacant.” — Justice G.M. Mohiuddin