Digital Goa, Feb 24 – In a major relief to 12 defected MLAs, 10 from Congress and 2 from MGP, Goa bench of Bombay High Court today dismissed petitions filed by Congress and MGP seeking their disqualification.
The division bench of the high court of Bombay at Goa, comprising Justice Manish Pitale and Justice R N Laddha today pronounced judgment in the petitions against the 10 Congress MLAs and two MGP MLAs who crossed over to BJP in 2019.
The order states, “ The impugned Orders passed by the Respondent no.1-Speaker, rejecting the Disqualification Petitions cannot be said to be militating against the object of introduction of the Tenth Schedule to the Constitution on the touchstone of political and Constitutional morality, in view of the specific observations regarding wisdom of the Legislature/Parliament made in the aforesaid Judgment of the Supreme Court in the case of Kihoto Hollohan vs. Zachillhu (supra).
Hence, we conclude that the Petitioners have not been able to make out a case for interference in the impugned Orders passed by the Respondent no.1-Speaker and we hold that the Disqualification Petitions filed by the Petitioners were correctly dismissed by the Respondent no.1- Speaker. In view of the above, the Writ Petitions stand dismissed, with no order as to costs. Pending applications, if any, also stand disposed of.”
The defecting MLAs of both Congress as well as MGP had claimed that since they constituted two-thirds of the MLAs who were switching parties, it was a valid merger and not a defection under the 10th schedule of the Constitution. Both,Congress and the MGP had initially filed disqualification pleas before the Speaker of the state legislative assembly. The order passed by speaker Rajesh Patnekar in April 2021 held that the 10 rebel Congress MLAs were not disqualified under the anti-defection law. GPCC president Girish Chodankar filed a petition in the High court in June 2021 challenging this order of the speakers. Similar petitions were also filed by MGP’s Sudin Dhavalikar and Goa Forward Party’s Durgadas Kamat.
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