A BJP MLA has challenged Telangana Assembly Speaker's dismissal of a disqualification petition against Congress MLA Danam Nagender in the High Court. The case hinges on the interpretation of the Tenth Schedule's 'voluntarily giving up membership' clause, referencing key Supreme Court precedents like Kihoto Hollohan. This is a critical test for the anti-defection law's application.
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- ›Constitutional Provision Cited: Tenth Schedule, Article 2(1)(a)
- ›Key Date (Nomination Filing): April 23, 2024
- ›Target this Legal Point: Tenth Schedule, Article 2(1)(a) - grounds for disqualification.
- ›Target this Precedent: Kihoto Hollohan vs. Zachillhu case (1992) - grounds for judicial review of Speaker's order.
- ›Target this Data: Date of filing nomination - April 23, 2024 - cited as the date of disqualification.
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