PANJIM: In a setback to turncoats Digambar Kamat and Michael Lobo, the Goa Assembly Speaker Ramesh Tawadkar on Tuesday rejected their applications seeking dismissal of the disqualification petition filed against them by Congress president Amit Patkar on the ground that the latter was not a Member of Legislative Assembly (MLA) and that he cannot file such petition.
In the proceeding, Patkar had contended that any interested person can file disqualification petition and relied upon judgment of the Supreme Court in the matter of Speaker versus Utkal Keshari Parida.
Both the respondents claimed that Patkar was not a Member of Legislative Assembly and under Rule 6 (2) of the Disqualification Rules, 1986, the petitioner does not have locus to file the petition and prayed that the petition be dismissed without going into the merits.
Agreeing with the submission of Patkar, the Speaker held that any interested person is entitled to file disqualification petition that a particular MLA has incurred disqualification under the Tenth Schedule of Constitution of India and accordingly, dismissed the application filed by the two MLAs.
The Speaker has now mentioned that the matter will be taken on merits.
Patkar in his disqualification petition filed in July last year, had prayed that the then Leader of the Opposition Michael Lobo and Margao MLA Digambar Kamat be disqualified for voluntary giving up membership of the Congress party.
Adv Abhijit Gosavi argued on behalf of Patkar while, Adv Parag Rao represented both the respondents.
