TEAM HERALD
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MARGAO: Three days after the Union Home Ministry gave its ruling that Benaulim legislator Caitu Silva is not an Indian citizen, the scene now shifts to Cabo, with the anti-Caitu camp planning to move the office of governor and the Chief Electoral Offfice, Goa on Monday with a host of petitions seeking disqualification of the Benaulim MLA and deletion of his name from the electoral list.
On the other hand, the Caitu camp said they are yet to receive an official copy of the decision from the Union Home Ministry declaring him a Portuguese citizen.
While a disqualification petition will be filed against Caitu with the governor in the morning, the petition seeking deletion of Caitu’s name from the electoral list is expected to be filed before the Chief Electoral office, Panjim. The anti-Caitu camp has already sought an appointment with the Governor on Monday morning to present the disqualification plea against the MLA.
Explaining the rationale behind moving the governor with the disqualification petition, petitioner for John Fernandes, Advocate Radharao Gracias said the governor is the authority to decide on the disqualification of a member of a legislative Assembly pertaining to the question of citizenship. “As per Article 191 (2) of the Constitution of India, the governor is the right authority to file a disqualification petition against an MLA enjoying a foreign citizenship. Since the Union home minister has ruled that Caitu has ceased to be an Indian citizen, we will attach the ruling to our disqualification petition. The governor may then forward the petition to the Election Commission for further action”, he said.
As far as the Chief Electoral Office, Goa is concerned, which is an office of the Election Commission, he said they would file a petition before the office for deletion of Caitu’s name from the electoral list. “As per Section 16 of the Representation of People’s Act, the Election Commission comes into play on the question of deletion of names from the electoral roll when the person ceases to be a citizen of India”, Radharao said.
The Caitu camp said that unless the MLA receives an official order from the Union Home Ministry, they cannot move forward to challenge the decision in any court or authority. “We are awaiting the official decision from the Union Home Ministry before we take our next step”, informed Caitu’s personal advisor A Elvis Gomes, while indicating that the Benaulim MLA will take legal recourse against the Home Ministry’s decision.
As already reported, the BJP has rallied behind Caitu, and so are the two independent MLAs supporting the government, Fisheries Minister Avertano Furtado and Velim legislator Benjamin D’Silva. Sources in the know said the two ruling independent MLA s have impressed upon the chief minister to fight the legal battle till the last by exploring various legal options.
Meanwhile, AICC secretary Dr Chella Kumar has welcomed the decision of the Union Home Ministry stating that Benaulim MLA Caitu Silva has ceased to be an Indian Citizen.
“This is a genuine decision and we have to welcome the same”, he said, while replying to a query from reporters on the issue.
“Someone had given a petition with a pucca proof of documents with the Ministry of Home Affairs. And, they have taken the decision. They have not taken a hasty decision. They have taken more than a year’s time to study the whole subject and has finally come out with the decision. This is a genuine decision and we have to welcome it”, he told the media.
