Supreme Court agrees to list former Khairatabad MLA’s plea on September 23 after Telangana High Court disqualified him under the anti-defection law
New Delhi, September 2026 : Former Telangana MLA Danam Nagender on Monday approached the Supreme Court challenging the Telangana High Court's order disqualifying him as a member of the Legislative Assembly under the anti-defection law.
The matter was mentioned before Chief Justice of India Surya Kant by senior advocate Mukul Rohatgi, who sought an urgent hearing of Nagender's Special Leave Petition (SLP). The Supreme Court agreed to list the matter for hearing on Wednesday, September 23.
Nagender has challenged the September 18 judgment of the Telangana High Court, which set aside an earlier order of Assembly Speaker Gaddam Prasad Kumar rejecting petitions seeking his disqualification. The High Court declared Nagender disqualified from the Telangana Assembly with effect from April 23, 2024, and also declared the Khairatabad Assembly constituency vacant.
The High Court's judgment was delivered by a Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin. The court held that Nagender attracted the provisions of Paragraph 2(1)(a) of the Tenth Schedule of the Constitution after contesting the 2024 Lok Sabha elections from Secunderabad as a Congress candidate while being an elected MLA of the Bharat Rashtra Samithi (BRS).
Nagender had won the Khairatabad Assembly seat in the 2023 Telangana elections on a BRS ticket. He subsequently contested the 2024 Lok Sabha election from Secunderabad as a Congress candidate, campaigning against the BRS nominee.
The disqualification proceedings originated from petitions filed by BJP Legislature Party leader Alleti Maheshwar Reddy and BRS MLA Padi Kaushik Reddy. They challenged the Assembly Speaker's decision of March 11, 2026, which had dismissed the petitions seeking Nagender's disqualification. The High Court subsequently overturned the Speaker's decision.
High Court's Findings
The High Court held that the prolonged pendency of the disqualification proceedings did not require the matter to be sent back to the Speaker for reconsideration. It noted that the proceedings had remained pending for more than one-and-a-half years and that a substantial portion of the Assembly's term had already elapsed.
The court specifically held that Nagender stood disqualified from April 23, 2024, the date on which he filed his nomination as a Congress candidate for the Secunderabad Lok Sabha constituency. It directed that copies of its order be communicated to the Telangana Legislative Assembly and the Election Commission of India.
The High Court also rejected the argument that subsequent conduct by Nagender or the absence of disciplinary proceedings by the BRS could negate the disqualification. It held that such factors could not erase the consequences arising from his conduct in contesting the Lok Sabha election as a Congress candidate while being a BRS MLA.
The court further disagreed with the Speaker's interpretation that conduct outside the Assembly could not form the basis for action under Paragraph 2(1)(a) of the Tenth Schedule.
In its ruling, the High Court emphasised the purpose of the anti-defection provisions, describing the Tenth Schedule as a mechanism intended to curb political defections motivated by the lure of office or similar considerations.
Supreme Court Challenge
Nagender's move to the Supreme Court now places the High Court's September 18 ruling before the country's apex court. His counsel has sought urgent consideration, with the possibility of further proceedings concerning his disqualification and the status of the Khairatabad constituency.
The Supreme Court's decision to list the SLP on September 23 will determine the next stage of the legal battle. Until then, the High Court order declaring Nagender disqualified and the Khairatabad seat vacant remains the operative judgment.
