Team Herald
PANJIM: The High Court of Bombay at Goa on Monday issued notices to 12 rebel MLAs and the Goa Assembly Speaker asking them to file their replies to an appeal filed by the Congress and the Maharashtrawadi Gomantak Party (MGP), who have challenged the Speaker’s verdict dismissing their disqualification petitions against the 12 legislators.
The division bench comprising Justice Revati Mohite Dere and Justice M S Jawalkar also tagged both the appeals, seeking to set aside the Speaker’s judgement and to disqualify 10 rebel Congress MLAs and two of MGP for joining the Bharatiya Janata Party (BJP).
When the matter was called out, senior Adv Vivek Tankha along with Adv Abhijit Gosavi, arguing on behalf of Congress president Girish Chodankar apprised the bench that the matter was purely on a question of law, which needs to be addressed urgently in order to protect the credibility of democracy.
Tankha further told the Court that since another matter with similar issues has been filed by MGP legislator Ramkrishna (Sudin) Dhavalikar, in which a notice had already been issued on September 24, the Court may issue notice in the same and tag it along with it for final disposal.
During the hearing, the Goa Forward Party (GFP) filed an intervention application praying that its application be allowed and the party be given an opportunity to present its case.
GFP, in its application, stated that the party has crucial documents to produce on records, which would place on record new facts, which were earlier not part of the present proceedings.
Before listing both the writ petitions for final disposal at admission stage on December 10, the court asked all the respondents – MLAs and Speaker – to file their replies on or before December 6. Thereafter, the petitioners will file their rejoinder on or before December 9.
Furthermore, the division bench also asked all the parties to file their written statement latest by December 9.
Later, speaking to media persons, Tankha said the time has come to amend the Anti-Defection Act and suggested that the disqualification petition should be referred to the independent authority and not to the Assembly Speaker.
Tankha said, “Defection is a disease and curse and it brings a bad name. All political parties are affected by defection. Since Assembly Speakers are delaying disqualification petitions, I would prefer a quasi-judiciary authority to eliminate this disease.”
