Speaker dismisses disqualification petition against eight rebel MLAs

Petition filed by Dominic Noronha against 8 MLAs dismissed
Speaker Ramesh Tawadkar addresses media after dismissing Disqualification petition
Speaker Ramesh Tawadkar addresses media after dismissing Disqualification petition
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Team Herald

PANJIM: Goa Legislative Assembly Speaker Ramesh Tawadkar on Monday dismissed the disqualification petition filed by Dominic Noronha against eight Congress rebel MLAs who defected from Congress and joined the Bharatiya Janata Party (BJP) in September 2022.

Noronha had filed the petition under the Tenth Schedule of the Constitution, claiming that the respondents had incurred disqualification under the Tenth Schedule and had ceased to be Members of the Goa Legislative Assembly with effect from September 14, 2022. He had also prayed to restrain the respondents from acting, functioning or masquerading as Members of the Goa Legislative Assembly and from receiving any benefits as MLAs. The petitioner had argued that the respondents had not claimed that there was any merger of the Congress party or that there was any decision of the national political party to merge with the BJP.

The respondents, in their separate replies, stated that they constituted two-thirds of the total Members of the Congress party. They said that they were disillusioned by the working style of Congress and dissatisfied with its leadership. They unanimously resolved to merge with the BJP. The respondents further stated that if two-thirds of the Members of the Legislative Party decide to merge with another political party, then there is a deemed merger, and there is no requirement for any factual merger of the political party contemplated in such a situation.

The Speaker observed that the Bombay High Court had clearly held that it is not necessary for there to be a decision of the political party to merge for the deeming fiction in sub-paragraph 2 of paragraph 4 to apply. It also held that there is no requirement for a resolution of the political party to attract protection under sub-paragraph 2 of paragraph 4 of the Tenth Schedule of the Constitution. The Speaker stated that the Supreme Court clearly holds that if two-thirds of the Members of the Legislature Party disagree with the political party, then such disagreement is protected and shall not incur disqualification. Thus, the Speaker held that the respondents had not incurred disqualification and that the petitioner could not claim their disqualification. The petitioner’s claim that there is a twin requirement of merger of the political party and the legislature is not acceptable, and his disqualification petition was dismissed.

Reacting to the Speaker’s verdict, Noronha said he would study the 35-page order and decide on a future course of action by taking the Think Tank assisting him with the case into confidence. According to Noronha, the eight defendants were relying on section 4(2) of the Tenth Schedule in their oral arguments, stating that two-thirds of the Legislative Party can merge, whereas his contention was that two-thirds of the overall party must merge for the merger to be valid. “The merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger,” states section 4(2) of the Tenth Schedule. Senior Advocate Sandesh Padiyar argued on behalf of the petitioner, while advocates Parag Rao, Adv Preetam Talaulikar, Adv Om Thakur, and Adv P Kholkar represented the respondents.

Timeline fixed in second plea

PANJIM: After nearly two years, the Goa Assembly Speaker Ramesh Tawadkar on Monday started hearing the disqualification petition filed by former Congress president Girish Chodankar against eight rebel Congress MLAs, who had defected to BJP in September 2022.

Drawing a timeline to dispose of the petition, the Speaker gave time till October 18 to eight MLAs to file their replies. The petitioner has also been given time to file rejoinders if any till October 22 and has kept the matter for arguments for two consecutive days on October 24 and 25.

The petitioner’s counsel Adv Abhijit Gosavi said that the matter was heard after almost two years of filing the petition in November 2022, solely due to directions from the Supreme Court to fast-track it. “Till now the decision was not to take a decision. It appears that since the matter is before the Supreme Court atleast they have now decided to decide. I don’t want to say anything more, you can understand what is happening,” he said.

Congress approached the Supreme Court to expedite the decision of the Speaker. The matter is posted for the next hearing beginning on November 4, as per the Supreme Court portal. “Hopefully they (Speaker) will decide the matter before that,” said Adv Gosavi.

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