SC orders MP Speaker to decide Nirmala Sapre disqualification within 2 months
Synopsis
Key Takeaways
The Supreme Court on Wednesday, 4 November 2026, directed the Madhya Pradesh Assembly Speaker to decide within two months the disqualification petition against Bina MLA Nirmala Sapre, who won the November 2023 Assembly election on a Congress ticket but subsequently extended support to the ruling Bharatiya Janata Party (BJP). The direction came on a petition moved by Umang Singhar, Leader of Opposition in the Madhya Pradesh Assembly, invoking the anti-defection law.
Background: What Triggered the Disqualification Move
Sapre was elected from the Bina Assembly constituency in Sagar district during the November 2023 state polls as a Congress candidate. In May 2024, during the Lok Sabha election campaign, she appeared at a BJP programme in Sagar in the presence of Chief Minister Mohan Yadav and publicly expressed support for the ruling party. The Congress accused her of defection and filed a disqualification petition before the Assembly Speaker. Singhar argued that Sapre had voluntarily relinquished her party membership, attracting provisions of the Tenth Schedule of the Constitution — the anti-defection law.
Sapre's Defence
Sapre has denied formally joining the BJP or tendering her resignation from the Congress. The question of her continuation as an MLA, therefore, remains unresolved pending the Speaker's decision. The court's direction does not amount to a disqualification order — it only sets a deadline for the Speaker to adjudicate the existing petition in accordance with constitutional provisions.
How the Case Reached the Supreme Court
The disqualification petition has been pending before the Assembly Speaker for over two years, according to Singhar's media department. The Congress first approached the Madhya Pradesh High Court seeking a time-bound order, but the High Court declined to grant the requested relief. Singhar subsequently escalated the matter to the Supreme Court. Senior Advocate Vivek Tankha represented Singhar before the apex court during the hearing.
What the Supreme Court Said
The court underscored that petitions filed under the Tenth Schedule must be decided expeditiously and cannot be allowed to remain pending indefinitely. It directed the Assembly Speaker to complete the decision-making process within a two-month window. This comes amid a broader judicial push to end the practice of Speakers sitting on anti-defection petitions as a political tactic — a pattern the Supreme Court has flagged in multiple cases over the past decade, including landmark rulings on floor crossings in Maharashtra, Goa, and Manipur.
What Happens Next
The Assembly Speaker must now pass an order on the disqualification petition within the stipulated period. If Sapre is disqualified, the Bina seat would fall vacant, triggering a by-election. If the Speaker rules in her favour, the Congress may challenge that decision in the higher judiciary. Either way, the ruling puts long-delayed accountability mechanisms in motion and signals that the apex court will not tolerate indefinite inaction on Schedule-X petitions.