The Supreme Court on Wednesday, November 4, directed the Speaker of the Madhya Pradesh Legislative Assembly to decide within two months the pending disqualification petition against Bina MLA Nirmala Sapre under the Tenth Schedule of the Constitution, disposing of a writ petition filed by Congress Leader of Opposition Umang Singhar (Umang Singhar v. State of Madhya Pradesh & Ors., Diary No. 60436/2026), LiveLaw and The Bar Bulletin reported. A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana held that disqualification petitions under the anti-defection law must be decided expeditiously, even when a considerable period remains before the expiry of the Assembly's term.

Source: LiveLaw

"Even in a case where considerable time is left before the expiry of the term of the Assembly, it is expected that petitions like those under the Tenth Schedule will be decided expeditiously, in light of the object of the anti-defection law and in light of the decisions of this Court," the bench observed, according to The Bar Bulletin. The Court cited its precedent in Padi Kaushik Reddy, in which it had set a deadline for the Telangana Speaker to decide disqualification petitions, LiveLaw reported.

Source: The Bar Bulletin

A petition pending since 2024

Singhar filed the disqualification petition before the Speaker on June 30, 2024, seeking Sapre's disqualification on the allegation that she had voluntarily given up her membership of the Congress — the party on whose ticket she was elected from Bina in the 2023 Assembly elections — and subsequently joined the BJP, The Bar Bulletin reported. Appearing for Singhar, Senior Advocate Vivek Tankha described it as a "classic case" under the Tenth Schedule, stating that Sapre had left the party and was campaigning with the opposite side, LiveLaw reported. Counsel for the petitioner told the Court that evidence in the proceedings had been recorded and the matter reserved for orders, but no decision had been delivered even after nearly two and a half years, according to The Bar Bulletin. These are the petitioner's allegations and submissions; Sapre's position is set out below.

Source: LiveLaw

Sapre, a first-time MLA from Bina in Sagar district who won the seat on a Congress ticket in 2023, appeared on a BJP platform in May 2024, during the Lok Sabha election campaign, in the presence of Chief Minister Mohan Yadav and announced her decision to join the ruling party, LiveLaw reported. She has maintained that she neither resigned from the Congress nor formally joined the BJP, and continues to claim membership of the Congress. The Madhya Pradesh High Court had earlier dismissed Singhar's plea seeking a time-bound decision, holding that there was no urgency as proceedings were underway and Sapre had denied resigning from Congress or joining the BJP. The Supreme Court disagreed with the High Court's approach on urgency, holding that the absence of immediate urgency does not remove the duty to decide such petitions expeditiously.

Source: LiveLaw

What happens next: the Speaker now has two months from the order to decide the petition. A decision against Sapre would disqualify her as MLA under the Tenth Schedule; a decision in her favour, or a further delay beyond the deadline, can be challenged again in court. The order adds to the Supreme Court's line of rulings pressing Speakers to decide defection petitions within fixed periods instead of leaving them pending for years.

Source: The Bar Bulletin