Politics Khairatabad

Danam Nagender moves Supreme Court against disqualification order

Congress MLA Danam Nagender on Monday moved the Supreme Court against the Telangana High Court order disqualifying him under the anti-defection law. Senior Advocate Mukul Rohatgi sought urgent listing before a Bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana, expressing concern that a by-election notification could follow. The CJI said the matter would be listed on Wednesday, September 23. On September 18, the High Court set aside the Speaker's decision and declared the Khairatabad seat vacant.

Written by AI from Bar & Bench (courts) · not yet reviewed by an editor · Published 27 Sept 2026, 6:39 am IST

Source

Bar & Bench (courts) · read the original report ↗

#anti-defection#supreme court#telangana#danam nagender#khairatabad

Desk check · compared with the source

What the desk checked (5)

Telangana High Court on September 18 set aside the Speaker's decision, disqualified Danam Nagender, declared Khairatabad vacant and ordered fresh elections. — Figure and date appear in source as reported court order; no order copy cited.
Senior Advocate Mukul Rohatgi mentioned the matter before a Bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana. — Attributed to in-court mentioning; direct quote reproduced from source.
CJI said the matter would be listed on Wednesday, September 23. — Attributed to the CJI in source.
In July 2025 the Supreme Court directed the Telangana Speaker to decide the disqualification petitions against Nagender and two other MLAs within three months. — Stated in source without case number or citation.
Nagender was elected from Khairatabad on a BRS ticket, later joined Congress and contested the 2024 Lok Sabha poll from Secunderabad. — Background stated in source; no source given.

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Analysts’ view opinion

AI Political Analyst

This is not just a fight over one Assembly seat — it is about where the courts draw the line on defection politics in Telangana. The High Court setting aside the Speaker's decision and declaring Khairatabad vacant is politically awkward for the Congress and a shot in the arm for the BRS and BJP. The push for an urgent hearing, with the spectre of a by-election notification raised, points to a clear strategy: buy time.

A court overturning a Speaker's ruling signals that using the Speaker's office as a shield in defection cases may be running into limits.
Nagender's counsel stressed that the plea came not from the party but from others — a technical argument that also lets the case be framed politically as an opposition manoeuvre.
BJP leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy moving the High Court together shows both opposition parties see shared political gain in the defection issue.
A by-election would risk becoming a referendum on the government's performance, so keeping the notification on hold is an immediate benefit for the ruling side.
Given the Supreme Court's July 2025 direction to decide such pleas within three months, the outcome here is likely to set the template for the other MLAs facing similar petitions.

What to watch — Watch Wednesday's (September 23) hearing for whether the High Court order is stayed and the Khairatabad by-election process is put on hold.

The story does not establish how the Supreme Court will view the matter, whether any stay will be granted, or what happens in the related cases against other MLAs.

Deep dive

Research brief · 8 facts · 7 dates · exam-ready

The brief

Context

Danam Nagender was elected MLA from Khairatabad in Telangana on a Bharat Rashtra Samithi (BRS) ticket, then joined the Congress and contested the 2024 Lok Sabha election from Secunderabad on a Congress ticket. BJP leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy sought his disqualification under the Tenth Schedule (anti-defection law); the Telangana Assembly Speaker rejected the plea, but on September 18 the Telangana High Court set aside that decision, disqualified Nagender and declared the Khairatabad seat vacant. Nagender has now approached the Supreme Court against the High Court order, with his counsel warning that a by-election notification could follow.

Key facts

Congress MLA Danam Nagender moved the Supreme Court on Monday against the Telangana High Court order disqualifying him under the anti-defection law.
Senior Advocate Mukul Rohatgi mentioned the matter before a Bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana, seeking urgent listing.
CJI Surya Kant said the matter would be listed on Wednesday, September 23.
On September 18, the Telangana High Court set aside the Speaker's decision, disqualified Nagender, declared the Khairatabad seat vacant and directed fresh elections.
Nagender was elected from Khairatabad on a BRS ticket and later joined the Congress, contesting the 2024 Lok Sabha election from Secunderabad on a Congress ticket.
BJP leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy moved the Telangana High Court challenging the Speaker's refusal to disqualify Nagender.
In July 2025, the Supreme Court directed the Telangana Assembly Speaker to decide disqualification petitions against Nagender and two other MLAs within three months.
Rohatgi argued the disqualification plea was 'not at the behest of the party, but someone else', and flagged the risk of a by-election notification.

Timeline

Telangana Assembly election (year not stated in the source)Danam Nagender elected MLA from Khairatabad on a BRS ticket.
2024After joining the Congress, Nagender contests the Lok Sabha election from Secunderabad on a Congress ticket.
July 2025Supreme Court directs the Telangana Assembly Speaker to decide disqualification petitions against Nagender and two other MLAs within three months.
After the SC direction (exact date not stated in the source)Speaker rejects the disqualification petition against Nagender; petitioners return to the High Court.
September 18Telangana High Court sets aside the Speaker's decision, disqualifies Nagender, declares Khairatabad seat vacant and orders fresh elections.
Monday (following the HC order)Nagender moves the Supreme Court; Rohatgi seeks urgent listing before the CJI's Bench.
Wednesday, September 23Matter to be listed before the Supreme Court.

Who has a stake

Danam Nagender — His Assembly membership from Khairatabad, disqualified by the High Court, is at stake before the Supreme Court.
Telangana Assembly Speaker — His decision rejecting the disqualification plea has been set aside by the High Court, raising questions on the Speaker's role under the Tenth Schedule.
Congress — Stands to lose a sitting MLA and face a by-election in Khairatabad if the disqualification holds.
BRS and BJP petitioners (Padi Kaushik Reddy, Alleti Maheshwar Reddy) — Pressed for enforcement of the anti-defection law against Nagender and won in the High Court.
Supreme Court (Bench of CJI Surya Kant, Justices Joymalya Bagchi and V Mohana) — Will decide whether the High Court could overturn the Speaker's ruling and whether disqualification stands.
Voters of Khairatabad constituency — Face the prospect of fresh elections as the High Court declared the seat vacant.

Why it matters

The case tests how far courts can go in reviewing a Speaker's decision under the Tenth Schedule, an issue at the heart of India's recurring defection disputes. With the High Court not only disqualifying the MLA but also declaring the seat vacant and ordering fresh elections, the Supreme Court's ruling could shape remedies available when Speakers delay or reject defection petitions. It also has immediate political consequences for Telangana, where a by-election in Khairatabad may follow.

UPSC angle

Prelims pointers

Tenth Schedule of the Constitution contains the anti-defection law; disqualification petitions are decided by the Speaker/Chairman.
Telangana High Court on September 18 disqualified Khairatabad MLA Danam Nagender and declared the seat vacant.
In July 2025 the Supreme Court gave the Telangana Speaker three months to decide disqualification pleas against three MLAs.
Danam Nagender was elected on a BRS ticket from Khairatabad and contested the 2024 Lok Sabha polls from Secunderabad for Congress.
Supreme Court Bench hearing the plea: CJI Surya Kant with Justices Joymalya Bagchi and V Mohana; listing on September 23.
Petitioners before the High Court: BJP leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy.

Mains framing

The dispute over Danam Nagender's disqualification illustrates the structural weakness of the Tenth Schedule: the Speaker, a political office-holder, is the sole adjudicator of defection petitions, and delay or refusal to decide can effectively defeat the law's purpose. Here the Supreme Court had to set a three-month deadline in July 2025 for the Telangana Speaker to decide; when the Speaker rejected the petition, the High Court on September 18 set aside that decision, disqualified the MLA, declared the Khairatabad seat vacant and ordered fresh polls. That raises two competing concerns argued in the case: whether judicial review of a Speaker's Tenth Schedule order can extend to the court itself ordering disqualification and a by-election, and whether an MLA loses the protection of due process if proceedings are initiated, as counsel contended, not by the party but by others. The way forward lies in time-bound adjudication of defection petitions, clearer standards for judicial review of Speakers' decisions, and institutional reform so that the adjudicatory role is insulated from partisan incentive — questions now before a Bench led by CJI Surya Kant, with the matter listed for September 23.

Key terms

Tenth Schedule (anti-defection law): Constitutional provisions under which legislators can be disqualified for defection, with the Speaker or Chairman deciding such petitions.
Disqualification petition: A plea seeking that a legislator lose his seat, here filed against Nagender for allegedly defecting from BRS to Congress.
Bharat Rashtra Samithi (BRS): The Telangana party on whose ticket Nagender was elected from Khairatabad before he joined the Congress.
Urgent listing / mentioning: Practice of a lawyer orally requesting the Supreme Court to hear a case earlier than the routine schedule, as Rohatgi did here.
By-election notification: The formal announcement of polls for a vacant seat; Rohatgi feared one could follow the High Court declaring Khairatabad vacant.

Practice questions

Critically examine the role of the Speaker as the adjudicating authority under the Tenth Schedule, in light of courts setting deadlines and reversing such decisions.
To what extent should judicial review extend to a Speaker's order on defection? Discuss with reference to the Telangana High Court's disqualification of an MLA and declaration of the seat as vacant.
Discuss whether time-bound adjudication and an independent tribunal for defection cases would strengthen the anti-defection law.

Grounded only in the source report — figures and dates are the source's, not inferred.

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