By Admin 
The bench of Chief Justice Bhushan Ramakrishna Gawai, while hearing the matter related to the Bharat Rashtra Samithi (BRS) MLAs in Telangana on Thursday (July 31, 2025), said that the operation successful buttics dide i.e. the operation should not cause a patient like dead. This comment was made when the court came to know that the Speaker did not issue any notice for seven months regarding the disqualification petitions of the MLAs.
A bench of Chief Justice BR Gavai and Justice Augustin George Christ said that the court cannot allow the conditions such as a successive butt patient to be allowed to keep the petitions of disqualifications pending. The bench told the Speaker of the Legislative Assembly to decide the disqualification petitions against 10 BRS MLAs who join the ruling Congress within three months in three months.
The court said that if the political defection is not curbed, it can harm democracy. The court said that while deciding on disqualification under the tenth schedule of the Constitution, the Speaker acts as a tribunal, hence he does not receive constitutional immunity against judicial investigation.
The Supreme Court said that it is the job of Parliament to develop a mechanism to deal with the delay done by the speaker in deciding the disqualification petitions. However, the court also said, “We have no right to consult, yet the Parliament has to consider whether the system of handing over the important task to the chairman/chairman to decide on the issue of disqualification on the basis of defection is fulfilling the purpose of effectively dealing with the political defect.”
The bench said, ‘If we have to protect the foundation of our democracy and the principles that maintain it, then it is necessary to find out whether the current system is sufficient or not. We believe that Parliament has to take a decision on this. The court accepted the appeals of BRS leaders, including P. Kaushik Reddy, requesting the Speaker to take a quick decision on the disqualification petitions against the MLAs who had defeated the defending.
The Supreme Court canceled the Telangana High Court bench on November 22, 2024, in which the East order of the single judge was intervened. The bench said, “The purpose of handing over the proceedings of disqualification to the Speaker is to avoid the delay in the courts.”
The bench asked the Speaker of the Legislative Assembly not to allow the MLAs to prolong the disqualification proceedings. Also, if MLAs pull the proceedings prolonged, then the Speaker of the Assembly can draw adverse conclusions. However, citing some prior decisions in the judgment, it was rejected that the Supreme Court itself should decide on disqualification petitions.
The court also noted that the Speaker did not even issue notice on disqualification petitions for about seven months. The bench said, ‘Therefore we ask the question on our behalf whether the Speaker has done quick work. Keeping in mind the quickness, the Parliament had entrusted the important work to decide on disqualification petitions to the Speaker/Chairman. The court said that not issuing notice for a period of seven months cannot be considered in any way accelerated action.