Khairatabad MLA Danam Nagender has triggered a constitutional debate after a disqualification petition was rejected against him under the anti-defection law. The case verdict is around : An MLA can contest a parliamentary election on another party’s ticket and still remain an MLA of the original party.
Nagender was elected as a BRS MLA in the December 2023 Telangana Assembly elections. Soon after, he contested the 2024 Lok Sabha election from Secunderabad as a Congress candidate, while continuing as an MLA.
BJP MLA Alleti Maheshwar Reddy filed a petition before the Speaker seeking his disqualification, arguing that contesting on another party’s ticket amounts to “voluntarily giving up membership” under the Tenth Schedule of the Constitution.
Nagender’s defence, however, points to a gap in the law. He argued that he never formally resigned from BRS, nor did he vote against the party in the Assembly. His legal argument is that the anti-defection law mainly deals with legislative conduct inside the House, such as voting against the party whip.
His submission states that contesting an election on another party’s symbol does not automatically mean giving up party membership, since the Constitution does not treat contesting elections as equivalent to resignation from legislative office.
According to his submission, contesting a parliamentary election is political activity outside the Assembly, and therefore falls outside the Speaker’s jurisdiction under the Tenth Schedule.
This argument highlights a potential loophole in India’s anti-defection law. While the Tenth Schedule punishes legislators who defect, it does not clearly address situations where a sitting MLA contests elections for another party without formally resigning.
The Loophole in the Law
This argument exposes a potential loophole in the anti-defection law.
The Tenth Schedule was introduced in 1985 to curb rampant political defections that destabilised governments. It disqualifies legislators who:
* voluntarily give up party membership, or
* vote against party directives in the legislature.
However, the law does not explicitly mention contesting elections for another party while continuing as an MLA or MP.
This gap allows a politician to argue that electoral participation does not automatically translate into legislative defection.
Beyond the legal debate, the case highlights how politicians may exploit constitutional grey areas.
In practice, a legislator could:
1) Remain an MLA of one party.
2) Contest a parliamentary election for another party.
3) Avoid formal resignation from the original party.
Unless clear evidence emerges that the legislator formally left the party or violated legislative rules, disqualification becomes difficult.
The post Curious Case of Danam Nagender: A Loophole in the Defection Law appeared first on Telugu360.
Curious Case of Danam Nagender: A Loophole in the Defection Law
