The BJP will move the court and Parliament on the issue of Goa Chief Minister Digamber Kamat surviving the floor test in the Assembly -- after the Speaker restrained three legislators from taking part in the vote of confidence and then himself voted in favour of the Congress-led coalition.
Calling the Speaker’s action as subversion of the Constitution and an assault on democracy, former Union law minister and BJP general secretary Arun Jaitely said "the Anti-Defection Law does not give any power to the Speaker to restrain a member from exercising his rights."
He said "If he receives a complaint, he has to hear the member and after complying with the principles of natural justice, he can disqualify him after completing the due process. Speaker Pratapsingh Rane did not do anything of that sort."
Jaitely said the democracy envisaged the rule by the majority. "But the Congress clearly had most the majority and had the support of only 18 in the House of 40 MLAs. With the extra-constitutional support provided by Sonia Gandhi and the Prime Minister who are architects of subversion of the Constitution, the Speaker prevented three MLAs from voting to reduce the size of the House to engineer a tie and then cast his vote in favour of the Congress."
Jaitely said Rane, who was Chief Minister earlier and again now an aspirant, had shown how appointing individuals like him to the constitutional posts helped in bending “constitutional prerogatives” to suit the ruling party. "Today’s example is a warning that if pygmies are appointed, subversion of the Constitution will follow. The Speaker has installed a government without a mandate."