Goa Congress disqualification plea: Bombay HC judge recuses himself from hearing

Speaking to the media, Goa Congress president Girish Chodankar, who is the lead petitioner in the case, said that the matter would now be posted before a specially constituted bench

Judge of the Bombay high court at Goa Mahesh Sonak, on Monday, recused himself from hearing a plea filed by the Congress challenging the decision of the Goa Speaker to dismiss the party’s disqualification plea against 10 of its legislators who “defected” to the BJP.

The Congress sought the disqualification of ten of its MLAs who defected en masse to the BJP, claiming that they didn’t attract the provisions of the anti-defection law since two-thirds of the MLAs were switching sides. (HT Archive)

Speaking to the media, Goa Congress president Girish Chodankar, who is the lead petitioner in the case, said that the matter would now be posted before a specially constituted bench.

“Justice (Mahesh) Sonak recused himself from the matter stating that he had appeared for some of the respondents earlier. The matter now will have to be listed before a special division bench, for which an appropriate request will have to be made,” Chodankar said.

Goa Speaker Rajesh Patnekar had, in mid-April, dismissed the two disqualification petitions filed by the Congress and the Maharashtrawadi Gomantak Party who had sought the dismissal of their MLAs who “defected” to the BJP in 2019.

The Congress sought the disqualification of ten of its MLAs who defected en masse to the BJP, claiming that they didn’t attract the provisions of the anti-defection law since two-thirds of the MLAs were switching sides. However, its petition was dismissed.

The MLAs claimed before the Speaker, who was hearing the pleas, that their decision to switch was backed by a resolution of the GPCC and hence wasn’t afoul of the anti-defection law.

The Speaker’s decision dismissing the petition has now been challenged before the high court.