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Supreme Court Upholds Disqualification of Telangana Member of the Legislative Assembly (MLA) Danam Nagender

By Drooid · · How we work

The Court’s Ruling and Its Immediate Effect

On September 24, 2026, a three-judge Supreme Court bench dismissed Danam Nagender’s petition and upheld the Telangana High Court’s order that disqualified him from the Legislative Assembly. The court held that contesting the 2024 Lok Sabha election from Secunderabad on a Congress ticket while retaining a BRS-won assembly seat violated the anti-defection provisions of the Constitution’s Tenth Schedule, rendering the Khairatabad seat vacant and prompting a by-election.

Background and Context

Nagender won the Khairatabad Assembly constituency on a BRS ticket in the November 2023 state elections. He defected to Congress on March 14, 2024, and filed a Lok Sabha nomination from Secunderabad while still an MLA. The BRS complained to Assembly Speaker Gaddam Prasad Kumar on March 18, 2024, and moved the High Court on April 10, 2024. The High Court disqualified Nagender with retrospective effect from April 23, 2024, the date of his nomination affidavit. The Speaker dismissed related petitions on March 11, 2026, but the High Court order remained.

Timeline

  • March 14, 2024 – Nagender joins Congress.
  • March 18, 2024 – BRS files complaint with the Speaker.
  • April 10, 2024 – BRS moves the High Court.
  • April 23, 2024 – High Court declares Nagender disqualified.
  • March 11, 2026 – Speaker dismisses disqualification petitions.
  • September 24, 2026 – Supreme Court upholds disqualification.

Data & Statistics

  • Disqualification effective date: April 23, 2024.
  • BRS MLAs who defected to Congress after the 2023 elections: 10 (including Nagender).
  • Remaining defected BRS MLAs at the time of the Supreme Court ruling: 8.

Official Statements & Responses

Chief Justice of India Surya Kant’s bench said there was “no ground to interfere” with the High Court’s interpretation of the anti-defection law. Justice Bagchi questioned whether a legislator’s return to the original party (“ghar wapasi”) could restore Assembly membership, concluding that party affiliation and House membership are distinct.

BRS leaders welcomed the decision. Senior BRS working president KT Rama Rao called the verdict a “supreme slap” to Congress leaders Rahul Gandhi and Revanth Reddy. BJP Legislature Party leader Alleti Maheshwar Reddy termed the ruling a “victory for the Constitution” and urged defected MLAs to resign and seek fresh mandates.

Criticism & Opposition

  • BRS: Rama Rao accused Congress of double standards, noting the party “recites constitutional protection” while fielding defectors.
  • BJP: Reddy argued the decision validates the anti-defection law and demanded resignations from any MLA who switched parties.
  • Congress: Chief Minister A Revanth Reddy defended the stance, calling the disqualification a legal consequence and highlighting ongoing development schemes such as the ‘Indiramma’ housing project.

Verbatim Quotes

  • “The Supreme Court has effectively directed him: 'Go and face the election, you stand disqualified.' This is a stinging slap to Danam Nagender and the Congress party. Revanth Reddy’s dictatorial style of functioning has met its match; this marks the beginning of the end. Danam Nagender must now face the electorate,” — Abdul Kaleem
  • “I am ready for the election whenever the Election Commission announces the schedule.” — Danam Nagender
  • “Can ghar wapasi save you from disqualification?” — Justice Bagchi

Conflicting Reports & Gaps

All sources uniformly report the Supreme Court’s dismissal of Nagender’s plea and the High Court’s disqualification date. No substantive discrepancies were identified regarding the legal outcome or key dates.

What’s Next

The Khairatabad vacancy triggers a by-election. The Election Commission will issue a notification, and Congress, BRS, and BJP are expected to field candidates, intensifying the contest for the constituency’s representation.