VidhiSangh

Supreme Court of India · 31/07/2025

PADI KAUSHIK REDDY ETC. versus THE STATE OF TELANGANA AND OTHERS ETC.

[2025] 7 S.C.R. 1879 · 2025 INSC 912

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Disqualification petitions against MLAs who allegedly defected after the 2023 Telangana election remained pending before the Speaker, who did not even issue notice for over seven months. The Supreme Court held that the Speaker deciding petitions under Paragraph 6 of the Tenth Schedule acts as a tribunal subject to Articles 136, 226 and 227; that the bar on quia timet actions in Kihoto Hollohan only prevents orders injuncting or delaying the Speaker's decision and does not interdict judicial review in aid of a prompt decision; that the issue is no longer res integra after Rajendra Singh Rana, Subhash Desai and Keisham Meghachandra Singh; and that the Division Bench wrongly reversed the Single Judge's modest direction to fix a hearing schedule. The Speaker was directed to decide the petitions within three months.

Issues

  1. Whether a High Court under Articles 226 and 227, or the Supreme Court under Article 136, can direct the Speaker of a Legislative Assembly to decide disqualification petitions under the Tenth Schedule within a specified time, or whether such a direction is a quia timet action barred by Kihoto Hollohan.
  2. Whether the Division Bench was justified in setting aside the Single Judge's direction that the Speaker fix a schedule of hearing within four weeks.
  3. Whether the Supreme Court should itself decide the disqualification petitions, as the Constitution Bench did in Rajendra Singh Rana.
  4. Whether the pending reference to a larger Bench in S.A. Sampath Kumar precluded a decision on the question.

Provisions considered

Held

Result

Appeals and the writ petition allowed; Division Bench judgment dated 22.11.2024 quashed and set aside; the Speaker directed to conclude the disqualification proceedings pending against the ten MLAs as expeditiously as possible and in any case within three months of the judgment; the Speaker not to permit the MLAs sought to be disqualified to protract the proceedings and to draw an adverse inference against any who attempt to do so; pending applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1879.