Team Herald
PANJIM: Former Valpoi MLA Vishwajit Rane has already decided to contest on a Bharatiya Janata Party (BJP) ticket, but Congress is still in the consultation process and undecided on whether to file a disqualification petition or take disciplinary action against its former leader. Earlier this month, Rane, defying the party whip, had abstained from the floor test to determine the government’s strength.
Interestingly, past political history reveals that except for the disqualification of then BJP MLAs Rajendra Arlekar and Dayanand Mandrekar in 2002 and late Matanhy Saldanha in 2005, no such petition has ever stood in a court of law.
On March 16, Rane, who was elected from Valpoi, left the House immediately after being administered oath and didn’t return for the floor test, reducing the Congress’ strength to 16 MLAs and the House to 39 members. Immediately after that, Rane resigned as MLA and from the Congress.
“We are ready with the petition, but since he resigned before we could file it, we are seeking opinion from legal experts. We have sought the advice of senior Congress functionaries like Kapil Sibal and Abhishek Singhvi,” Congress Legislative party (CLP) leader Chandrakant Kavalekar told Herald.
“So far we have been getting a positive response from our legal team. If that is the case, we may file a disqualification petition before the Speaker either on Wednesday or Thursday,” he said adding, “We are also contemplating disciplinary action against our former Minister.”
As per Article 191 of the Constitution, amongst grounds for disqualification of MLAs, one includes an instance wherein the MLA defies the party whip. If the MLA is proved guilty, then he attracts disqualification and is debarred from contesting the polls for the next six years.
Former Law Commissioner Ramakant Khalap has already said there is little scope for disqualification now, considering that the MLA has already resigned.
In the past disqualification petitions have been filed against BJP MLAs Rajendra Arlekar and Dayanand Mandrekar in 2002, Matanhy Saldanha in 2005, MGP MLAs Ramkrishna and Pandurang Dhavalikar and Victoria Fernandes in 2007, Churchill Alemao and Alexio Reginaldo Lourenco in 2012, Caetano Silva and Glenn Ticlo is 2013.
2002
BJP MLAs Rajendra Arlekar and Dayanand Mandrekar had their election set aside by the High Court setting on grounds of them holding office of profit during the May 2002 Assembly polls. Though, both approached the Supreme Court for justice, they failed to get any respite.
While Mandrekar was chairman of the Khadi and Village Industries Board, Arlekar held the post of chairperson of Goa State Scheduled Castes and Other Backward Classes Finance and Development Corporation.
NCP leader Jose Philip D’Souza and Chandrakant Chodankar – who had contested the Assembly polls in 2002, had challenged the BJP leaders’ elections separately in court.
2005
Pro-tem Speaker Francisco Sardinha disqualified late Matanhy Saldanha who joined hands with the BJP when UGDP, the party he belonged to, had given a letter to the Governor that it was supporting the Congress. A disqualification petition against him was filed by Congress’ Jitendra Deshprabhu.
The High Court, in 2011, quashed the disqualification petition, following which the leader contested 2012 polls on a BJP ticket.
2007
MGP’s Dhavalikar brothers – Ramkrishna and Pandurang – who faced the axe of disqualification from then Speaker Pratapsingh Rane, got major relief from the Apex Court, that stayed the proceedings against the duo.
The Dhavalikar brothers, along with Congress MLA Victoria Fernandes, were disqualified by the Speaker and were restrained from voting in the floor test, when Kamat was supposed to prove his majority.
In July, Dhavalikar had attended a meeting with MLAs of other parties including the BJP and SGF at a starred hotel. Congress leader Agnelo Fernandes filed a disqualification petition based on which the Dhavalikar’s rights as MLA in the Assembly were curtailed and were denied voting rights. This was because Dhavalikar had attracted Rule 5 of the Anti-Defection Act.
A week before the floor test, the Dhavalikar brothers and Fernandes, had resigned from the Assembly. Rane, through an ad-interim order on disqualification petitions, had restrained the three MLAs from participating in the Assembly vote, resulting in the Congress victory.
2008
A month before the State went to the polls in February 2012, then Speaker Rane had dismissed the disqualification petition filed against then PWD Minister Churchill Alemao and Curtorim MLA Aleixo Reginaldo Lourenco. The petition filed by then NCP Minister Francisco (Mickky) Pacheco in 2008 had challenged the merger of the Save Goa Front with the Congress, alleging it was not done as per law and as prescribed in the 10th schedule of the Constitution.
2013
Two disqualification petitions were filed against BJP MLA Glenn Ticlo and Goa Vikas Party MLA Caetano Silva for holding dual citizenship.
Congress spokesperson Sudip Tamankar and Calvim resident Melwyn Fernandes had filed the petitions before the Governor under Article 192 of the Constitution claiming that the Aldona MLA enjoyed Portuguese nationality at the time of the assembly election. However, the Governor dismissed the petition stating it has no power to decide pre-election disqualification petitions. The case also did not stand before High Court.
Similarly, Valanka Alemao had filed a disqualification petition against Silva before the High Court, after the Ministry of Home Affairs declared the MLA as non-Indian citizen based on a petition filed by one John Fernandes. However, the court in October 2016, gave major relief to Silva by directing MHA to reconsider the matter and thereafter the Union Ministry in a fresh order had declared him the Indian citizen.
