HYDERABAD, September 20, 2026: Former Khairatabad MLA Danam Nagender has approached the Supreme Court challenging the Telangana High Court's order disqualifying him from the state Assembly under the anti-defection law. He filed the petition on Saturday, a day after the High Court set aside the Assembly Speaker's decision and declared his seat vacant.
Nagender's move came despite his statement shortly after the High Court verdict that he had not planned to approach the Supreme Court and was prepared to face the electorate if a by-election was held. His petition is expected to be mentioned before the Chief Justice-led bench for urgent hearing, though it had not been listed before a Supreme Court bench at the time of the latest reports.
In his petition, Nagender has challenged the High Court's interpretation of the anti-defection provisions under Paragraph 2(1)(a) of the Tenth Schedule read with Article 191(2) of the Constitution.
Nagender challenges High Court ruling
Nagender was elected from Khairatabad on a BRS ticket in the 2023 Telangana Assembly elections and subsequently contested the 2024 Lok Sabha election from Secunderabad as a Congress candidate. The High Court held that this conduct attracted disqualification and ruled that his Assembly membership stood cancelled from April 23, 2024.
His principal contention before the Supreme Court is understood to be that the Speaker's decision on disqualification should not have been interfered with under Article 226 of the Constitution. He has argued that the Speaker, acting under the Tenth Schedule, is the appropriate authority to determine questions relating to disqualification.
Nagender has also maintained that he did not formally resign from the BRS or take membership of the Congress. He has disputed the contention that his conduct outside the Assembly, including contesting the Lok Sabha election, by itself established that he had voluntarily given up BRS membership.
BJP, BRS leaders file caveats
BJP Legislature Party leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy have filed caveats in the Supreme Court, seeking an opportunity to present their arguments before any order is passed on Nagender's plea. They were among the petitioners who had challenged the Assembly Speaker's decision before the Telangana High Court.
The High Court, in its September 18 judgment, set aside the Speaker's order and declared the Khairatabad Assembly seat vacant. The Registry was directed to communicate the judgment to the Assembly Speaker and the Election Commission.
Background to the disqualification case
The dispute dates back to 2024, when petitions were filed seeking Nagender's disqualification. Following proceedings before the Supreme Court concerning the delay in deciding the disqualification petitions, the Speaker conducted an inquiry and subsequently declined to disqualify Nagender.
The Speaker's decision was challenged before the Telangana High Court by Maheshwar Reddy and Kaushik Reddy. The division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin subsequently set aside the Speaker's decision and disqualified Nagender.
The petitions concerning the other MLAs facing similar defection allegations are expected to come up before the Telangana High Court in October 2026, according to reports.
