The Supreme Court on Thursday dismissed the challenge to the Telangana High Court order disqualifying Danam Nagender as a member of the Telangana Legislative Assembly under the Tenth Schedule.
During the hearing, Senior Advocate Mukul Rohatagi for the petitioner argued that his subsequent return to the party amounted to “ghar wapsi” and should save him from disqualification.
The Bench, however, questioned whether the provision permitting a political party to condone a member’s conduct applies to voluntary giving up of party membership under Paragraph 2(1)(a), or only to voting or abstaining contrary to the party whip under Paragraph 2(1)(b).
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“Your party may be kind to you but the Speaker may not be kind to you. He will interpret this clause or the Tenth Schedule strictly against a party hopper and not in favour of a party hopper. And in this case, a double party hopper,” the Bench remarked.
Justice Bagchi orally said the petitioner’s political movements is like “Aaya Ram, Gaya Ram”, followed by “Phir Aaya Ram”. The petitioner submitted that he had continued to remain with his party and that, factually, the question of his having left the party did not arise.
The Bench, however, pointed out that even if the party condoned the conduct, the consequence under the Tenth Schedule concerning membership of the House was a separate issue.
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“Back to the party. Not to the Assembly,” the Bench said.
Consequently, the Bench observed that there were no grounds to entertain the present appeal and accordingly dismissed it.
Also Read: Telangana HC Disqualifies Danam Nagender As MLA, Declares Khairatabad Seat Vacant