HC: VOTER CAN’T FILE PETITION TO DISQUALIFY MLA

The Telangana High Court refused to entertain a writ petition from a voter seeking the disqualification of Khairatabad MLA Danam Nagendar on the grounds of his defection to the Congress from the BRS. The court said that a voter cannot ask for such disqualification.

Justice B. Vijaysen Reddy was hearing the petition filed by Bolla Boina Raju, a voter from the Khairatabad Assembly segment. The judge questioned petitioner’s counsel Bommineni Vivekananda on the locus in filing the petition and directed him to show one judgment of the Supreme Court or any High Court or a legal provision which said that a voter can seek the disqualification of an MLA.

Counsel said the defection of the MLA to the Congress without resigning from the BRS create confusion among the voters during the ensuing parliamentary elections. A representation by the petitioner to the Assembly Speaker seeking Nagendar’s disqualification was still pending. The judge said the court could not ask the Speaker to initiate action on any representation before him. The judge said “… the petitioner does not have any locus to file this writ petition… the political party, which has given an opportunity to the MLA to contest elections, will go before the Speaker and seek his disqualification.”on the contention that voters would be confused by the defection, Justice Vijaysen Reddy said, “MLAS and MPS themselves will be under confusion as they change parties… why are you getting confused… politicians are hopping from one party to another and this is happening everywhere in India.”