Team Herald
PANJIM: Goa Governor Dr Mridula Sinha has disposed off a four-year-old disqualification petition filed against then Goa Vikas Party (GVP) MLA Caetano Silva for allegedly acquiring Portuguese citizenship, on the ground that Silva is no more part of the new State Legislative Assembly.
One John Fernandes from Varca had filed a disqualification petition against Silva in 2013. Fernandes said that being a Portuguese Citizen, Silva contested the Legislative Assembly elections and had thus committed a fraud on the Constitution of India.
The petition was filed based on the order dated November 20, 2013 passed by the Ministry of Home Affairs declaring Silva a Portuguese National with effect from July 21, 2010. However, the same was set aside by the High Court in October 2016.
The Governor had sought the opinion of the Election Commission of India (ECI) on the petition. “Accordingly, acting on the opinion tendered by the Election Commission of India, as required under Article 192(2), I hereby order that after the dissolution of the previous Goa Legislative Assembly in 2017 and after constitution of new House in Goa, the reference has become infructuous as Caetano R Silva is no more a Member of the Legislative Assembly of Goa. The petition is hereby disposed off accordingly,” Governor said in her order.
After the High Court order, the ECI had in November 2016, sent a reminder to the Ministry of Home Affairs requesting the desired information for formulating an opinion in the reference case and in consideration of the final order passed by the High Court. However, before the opinion could come, the State Assembly was dissolved.
