The Telangana High Court disqualified Khairatabad assembly member Danam Nagender with effect from April 2024. The ruling determined that he had voluntarily relinquished his membership in the Bharat Rashtra Samithi by contesting the parliamentary election from Secunderabad on a Congress ticket. The court declared the Khairatabad seat vacant and directed the order to be sent to the assembly secretary and the Election Commission.
The decision followed petitions submitted by a Bharatiya Janata Party legislator and a BRS legislator. Both challenged the assembly speaker’s earlier rejection of disqualification requests against Nagender. A bench comprising the chief justice and another judge heard the matters together and overturned the speaker’s orders.
The court applied provisions of the tenth schedule of the constitution along with relevant articles to conclude that Nagender’s actions amounted to defection. It rejected the speaker’s assessment that insufficient evidence existed to prove voluntary relinquishment of party membership.
Nagender responded by stating he accepted the judgment and had not yet decided on further legal steps. He indicated readiness to contest a fresh election if one is called for the constituency.
A BJP spokesperson described the outcome as a victory for democratic principles and a rebuke to alleged backdoor political maneuvers by the Congress. The spokesperson also questioned the Congress leadership on its handling of anti-defection provisions and called for all affected legislators to resign and seek fresh mandates.
Nagender had secured the Khairatabad seat on a BRS ticket during the 2023 assembly elections. In April 2024 he submitted nomination papers as a Congress candidate for the Secunderabad Lok Sabha constituency. The court observed that he did not dispute campaigning against the BRS nominee while still holding BRS membership.
The speaker had dismissed the disqualification petitions in March 2026, citing lack of conclusive proof and continued recognition of Nagender within the BRS. The high court differed, finding that the candidate’s affidavit filed with the election authorities provided adequate evidence of the switch.
The bench declined to remit the case back to the speaker, noting the extended duration of proceedings and the limited remaining term of the assembly. The ruling establishes that contesting a parliamentary election on another party’s symbol while serving as an MLA from the original party can constitute voluntary relinquishment under anti-defection rules.
Nagender was among ten BRS legislators facing similar petitions after the 2023 elections. The speaker had previously rejected petitions against the other nine members on various dates between December 2025 and March 2026.
The Congress secured 64 seats in the 119-member assembly while the BRS obtained 39. The BJP won eight seats and other parties took the remainder. Subsequent shifts by several BRS legislators increased Congress strength.
Nagender’s political record includes multiple wins across different parties beginning in the mid-1990s. He represented constituencies under the Congress banner, later the Telugu Desam Party, then the Telangana Rashtra Samithi which became the BRS, before returning to the Congress in 2024.
The high court judgment adds to ongoing discussions about the timing and consistency of decisions on defection cases in the state. Earlier directions from the supreme court had urged prompt resolution of pending matters.
The immediate consequence is a vacancy in the Khairatabad constituency, requiring a by-election if the assembly term continues. The decision may influence similar pending cases involving other legislators who changed affiliations after the last assembly polls.
