'Mockery of Tenth Schedule': SC on Telangana CM statement over by-polls
The Tenth Schedule of the Constitution deals with provisions on disqualification on the ground of defection
New Delhi, Apr 2 (PTI) Telangana Chief Minister A Revanth Reddy's purportedly saying in the assembly there would be no bye-elections even if BRS MLAs switched sides attracted Supreme Court's ire on Wednesday.
"If this is said on the floor of the house, your chief minister is making a mockery of the Tenth Schedule," a bench of Justices B R Gavai and Augustine George Masih remarked.
The Tenth Schedule of the Constitution deals with provisions on disqualification on the ground of defection.
Reddy allegedly stating in the assembly on March 26 that there would be no bye-elections even if BRS members switched sides prompted Justice Gavai's strong comments.
The issue cropped up when the bench was hearing arguments on the pleas raising the issue of alleged delay by the Telangana assembly speaker in deciding on the petitions seeking disqualification of some BRS MLAs who had defected to the Congress.
Senior advocate C A Sundaram, appearing for BRS leader Padi Kaushik Reddy, referred to Reddy's purported statement.
Senior advocate Mukul Rohatgi, appearing for the speaker, said the assembly proceedings were not in question in the matter pending before the apex court.
"Something being said at Ramlila Maidan is different than what is being said on the floor of the house," Justice Gavai said.
Justice Gavai noted when a politician says something in the assembly, it has some sanctity.
There were judgements which state that a minister's statement on the floor of the house can be used for interpreting that statute, he added.
Sundaram quoted Reddy as saying, "Speaker sir, through you, I want to assure the members that they need not worry about bye-elections. No bye-elections will happen. Even if BRS desires to have one for their seats, there will be none. Even if their members switch sides, there will not be a bye-election".
Rohatgi said he was not appearing for the chief minister.
"Mr Rohatgi, you had appeared for the chief minister once in that case," Justice Gavai said, "and you better warn that no repeat action otherwise we know we are slow in issuing contempt notices, we are not powerless."
While hearing a separate matter in August last year, the apex court expressed displeasure over Reddy's comments on the top court granting bail to rival BRS leader K Kavitha in cases linked to the alleged Delhi excise policy scam. PTI
