Disqualification pleas: All eyes on Speaker

Team Herald

PANJIM: All eyes are on Goa Assembly Speaker Rajesh Patnekar whether he would pronounce judgements on Monday, April 5, on the disqualification pleas filed by Congress and Maharashtrawadi Gomantak Party (MGP) against their rebel MLAs even as the matter is listed for hearing before the Supreme Court on Tuesday, April 6.

Patnekar has asked both the petitioners — Congress president Girish Chodankar and MGP legislator Sudin Dhavalikar to remain present for hearing in his chamber at Goa Assembly Complex, Porvorim at 3 am and 4 pm on Monday, April 5, respectively. 

Chodankar is seeking disqualification of 10 rebel Congress MLAs, who joined Bharatiya Janata Party (BJP) in July 2019 while, Dhavalikar has disqualification petition against two former party members, who too joined ruling BJP in March 2019. 

Both the petitioners have argued that their rebel MLAs have violated the provisions of the Tenth Schedule of Constitution of India.

Congress president Girish Chodankar said the Speaker should now pronounce his judgement on his disqualification petition. He said that Speaker had earlier told him that hearing was completed and that he had kept the matter reserved for orders. 

But after that the Speaker called him twice and raised some querries which were also clarified, Chodankar said adding that now it is for the third time the Speaker is asking him to appear for further hearing.  

Citing the ruling of the apex court in Keisham Meghachandra Singh v/s Speaker, Manipur Legislative Assembly and others, Chodankar said that the Speaker is required to decide the disqualification petitions within a reasonable period of time and in any case, absent exceptional circumstances, within a period of three months.

Chodankar has also prayed that the rebel MLAs be restrained from functioning and acting as MLAs till the time of disposal of the case. 

Meanwhile, the Supreme Court has listed the matter for hearing before the Bench headed by Chief Justice of India S A Bobde on April 6. During the last hearing on February 10, the top court had ordered the listing of the cases in the first week of March after it was informed that Goa Assembly Speaker had listed the disqualification petitions for hearing on February 28. 

The Speaker heard both the petitioners but did not pronounce his verdict and latter had two more hearings without a final decision.