Team Herald
PANJIM: The Congress on Friday filed disqualification petition before the Speaker of Goa Legislative Assembly against their eight former MLAs, who split the party’s legislative unit and merged it into the ruling Bharatiya Janata Party in September.
Goa Pradesh Congress Committee (GPCC) President Amit Patkar in his petition has sought disqualification of the eight MLAs under the Tenth Schedule of Constitution of India and has prayed that pending hearing and final disposal of the matter, the MLAs be restrained from functioning as Members of the State Legislative Assembly and from holding any Constitutional post or office of profit.
The disqualification plea has been filed against Digambar Kamat, Michael Lobo and his wife Delilah, Aleixo Sequeira, Sankalp Amonkar, Kedar Naik, Rajesh Phal Dessai and Rudolfo Fernandes. In yet another petition filed against Kamat and Lobo, the Speaker has already issued notices directing them to remain present for hearing on December 16.
Patkar said that the respondents (MLAs), who are presently shown to be affiliated or members of BJP, have voluntarily given up membership of the political party – Indian National Congress (INC), on whose nomination they had contested and stood elected to the Goa State Assembly.
“There is no valid merger in terms of Para 4 of the Tenth Schedule to Constitution of India. In the present case, there is no merger of the original political party that is INC taken place and the said party is still existing and duly recognised and consequently there cannot be claim of valid merger as contemplated under the Tenth Schedule,” the petitioner said.
Patkar informed that INC has not taken any resolution to merge with the BJP and that there was no meeting convened to take any such decision.
“The merger of the legislature party in the absence of merger of the original political party, not being contemplated under the Tenth Schedule, clearly attracts disqualification on grounds of defection,” he said.
Congress had 11 MLAs in the 40-member State Assembly following the Assembly elections earlier this year, but September’s departure of its eight MLAs reduced the party’s legislative strength to three. Last month, former Congress chief Girish Chodankar had filed plea before the Speaker seeking disqualification of the eight MLAs.
