Danam Nagender has challenged his disqualification as the Khairatabad MLA in the Supreme Court, reopening the legal contest over a Hyderabad assembly seat that the Telangana High Court held vacant on September 18. The petition has not yet been listed, but his counsel is expected to seek an urgent hearing.
Nagender’s move comes after he had publicly said he would not approach the apex court and would instead face voters if a by-election was held. His latest petition seeks to challenge the High Court order that removed him from the Telangana legislative assembly.
The High Court disqualified Nagender after holding that he contested the 2024 Lok Sabha election from Secunderabad as a Congress candidate while continuing to be a member of the Bharat Rashtra Samithi. The court also set aside the assembly Speaker’s decision rejecting petitions that sought his disqualification.
The ruling has implications beyond the legal status of one legislator. The Khairatabad assembly constituency is currently without its elected representative following the order, while the next steps will depend on how the Supreme Court handles Nagender’s challenge and how the Election Commission responds to the vacancy.
Nagender’s counsel had asked the High Court to keep the disqualification order in abeyance so that he could pursue an appeal. The court declined that request and directed that copies of its judgment be sent to the assembly secretary, the Speaker and the Election Commission.
Both the BRS and the BJP have filed caveat petitions in the Supreme Court. Through the caveats, the parties have asked the court not to entertain Nagender’s challenge without first hearing them. A caveat allows an interested party to request that it be given an opportunity to respond before an order is passed in a matter affecting its interests.
The immediate procedural question is whether the Supreme Court will list the petition for an urgent hearing. Until the matter is listed and any interim relief is considered, the High Court’s disqualification order remains the operative position described in the report. The Election Commission’s next action regarding the Khairatabad seat will also be an important milestone in determining whether the vacancy moves towards a by-election.
