Supreme Court Clears Way for Khairatabad Bypoll After Danam Disqualification

The Supreme Court has declined to intervene in the disqualification of Khairatabad MLA Danam Nagender, making a by-election in this key Hyderabad constituency increasingly likely. On Thursday, a bench led by Chief Justice of India Surya Kant dismissed Nagender’s petition challenging the Telangana High Court’s order, which had unseated him under the anti-defection law.

Nagender’s removal stems from his decision to contest the 2024 Lok Sabha elections as a Congress candidate while still holding his Assembly seat, which he won on a Bharat Rashtra Samithi (BRS) ticket. The High Court had ruled that this amounted to voluntarily giving up his BRS membership, thus triggering disqualification under the Tenth Schedule of the Constitution.

The Supreme Court bench, which also included Justices Joymalya Bagchi and V Mohana, found no reason to overturn the High Court’s interpretation of the law. During the proceedings, Justice Bagchi remarked on Nagender’s dual political moves, likening the Assembly seat to a “fixed deposit” and the Lok Sabha contest to trying the “share market.”

Senior advocate Mukul Rohatgi, representing Nagender, argued that the Tenth Schedule allows a party to condone certain actions by its members. However, the bench clarified that such protection applies only to cases involving voting or abstaining against a party whip, not to cases where a member voluntarily leaves the party. The BRS, through its counsel, also stated that it had not condoned Nagender’s actions and had itself sought his disqualification.

The Telangana High Court had earlier overturned the Assembly Speaker’s decision to reject disqualification petitions against Nagender. In its April 2024 order, the court declared the Khairatabad seat vacant and instructed that a fresh election be held. The disqualification was set to take effect from April 23, 2024, the date Nagender filed his nomination for the Secunderabad Lok Sabha seat as a Congress candidate.

Nagender had secured the Khairatabad Assembly seat in the 2023 elections as a BRS nominee. His subsequent switch to the Congress and participation in the 2024 parliamentary polls led to the legal challenge and eventual loss of his MLA status.

With the Supreme Court’s decision, the High Court’s order remains operative, and the Khairatabad seat stands vacant. The next steps will depend on the Election Commission’s formal notification and the scheduling of the by-election.

Within the BRS, discussions have begun on selecting a candidate for the anticipated bypoll. Party leader K Chandrashekar Rao is reportedly considering several options, with Sai Kiran Yadav, son of Talasani Srinivas Yadav, emerging as a possible contender due to his family’s political standing. The party is also evaluating local support and the influence of backward-class voters in the constituency.

While the BRS prepares for the electoral contest, the Congress’s strategy for the bypoll remains unannounced. The outcome will hinge on the Election Commission’s actions and the evolving political landscape in Khairatabad.

Nagender’s legal team had maintained that his actions could be condoned by his former party, but the courts did not accept this argument. The BRS’s counsel reiterated that the party had not offered any such leniency and had actively pursued his removal from the Assembly.

The Supreme Court’s refusal to intervene leaves the timing and conduct of the by-election in the hands of the Election Commission, which has yet to issue a formal notification.