Merger order can’t be challenged: Speaker to HC

Acting Speaker tells High Court that the merger of MGP with BJP was administrative order and hence can’t be challenged

PANJIM: Acting Speaker Michael Lobo has informed the High Court of Bombay at Goa that the merger of the MGP’s legislative wing with the BJP is an administrative order and as such it cannot be challenged.  
“I am a constitutional authority. It was an administrative order and cannot be challenged,” the affidavit filed by the Speaker stated in reference to his order of March allowing the merger of MGP’s legislative wing into the BJP. 
The High Court is hearing a petition filed by Sadanand Vaigankar seeking the disqualification of MLAs Manohar Ajgaonkar and Deepak Pauskar on the ground that they incurred disqualification under paragraph 2 of the Tenth Schedule of Constitution of India. 
Urging the court to issue directions restraining the two leaders from functioning as MLAs or holding any constitutional post or office of profit, the petitioner argued that the merger of any political party should be as per the procedures laid down under the constitution of that party, and this was not followed in the present case. 
The acting Speaker contended that the petitioner has no locus, and also that no application for the disqualification of the two MLAs has till date been filed with the Office of the Speaker. Lobo also sought time to file a detailed reply, after which the bench granted him four weeks while adjourning the matter for further directions to June 12. 
In a midnight drama on March 27, Ajgaonkar and Pauskar had submitted a letter to the acting Speaker that they agreed to merge with the BJP. The legislature secretary then issued the order merging the MGP legislative wing with the BJP. 

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