E-Paper
SC notice to Goa speaker on Cong’s disqualification pleas
Girish Chodankar Chodankar stated in his plea that though the matter was heard at length in February before the lockdown restrictions, which were imposed from end-March to contain the spread of the coronavirus disease (Covid-19) outbreak, a decision is yet to be taken.
The Supreme Court (SC) on Tuesday issued notice to Goa Speaker Rajesh Patnekar after Goa Pradesh Congress President (GPCC) Girish Chodankar complained that a decision on the disqualification of 10 party members of the legislative assembly (MLAs), who had defected to the ruling Bhartiya Janata Party (BJP) last July has been kept pending since August 8, 2019.
Chodankar stated in his plea that though the matter was heard at length in February before the lockdown restrictions, which were imposed from end-March to contain the spread of the coronavirus disease (Covid-19) outbreak, a decision is yet to be taken.
Earlier on July 10, 2019, the 10 Congress MLAs, claiming to form two-third of the lawmakers from the party in the 40-member state assembly, merged their outfit with the BJP.
Speaker Patnekar took note of the merger and on assembly records, showed them as BJP lawmakers.
Later, Chandrakant Kavalekar, Jenniffer Monserrate, and Filipe Rodrigues were inducted as Cabinet ministers in the Pramod Sawant-led state government.
On Tuesday, senior advocates Kapil Sibal and Gourab Banerjee, appeared in the SC on behalf of Chodankar, and informed the apex court’s three-member bench, headed by Chief Justice of India (CJI) SA Bobde and also included Justices MR Shah and AS Bopanna, that no decision has been taken on the disqualification pleas filed against the 10 MLAs on August 8, 2019.
They cited a recent judgment of the apex court in Keisham Meghachandra Singh vs. Hon’ble Speaker of the Manipur Legislative Assembly (2020), where the court held that disqualification petitions under the Tenth Schedule of the Constitution should be decided either within a reasonable timeframe or within three months.
“It’s clear that the respondent (Goa Speaker) has deliberately restrained himself from deciding the disqualification petition and also the interim reliefs. Such deliberate inaction or indecision on the part of the respondent clearly amounts to a failure to exercise the jurisdiction conferred under Tenth Schedule of the Constitution,” the petition stated.
Sibal urged the court to direct Goa Speaker Patnekar for expeditious disposal of the disqualification pleas within a month.
The petition has also demanded the 10 MLAs be restrained from functioning as ministers and MLAs till their disqualification pleas are decided.
The bench issued notice to the office of the Goa Speaker, while the next date of the hearing has been fixed after three weeks.
The election to the Goa assembly was held in March 2017.
Though the Congress emerged as the single-largest party with 17 MLAs, the BJP combined with other regional parties formed the government headed by chief minister Manohar Parrikar.
However, the state plunged into political uncertainty after CM Parrikar passed away in March, 2019.
Congress’s Atanasio Monserrate, also known as ‘Babush’ Monserrate, won the by-poll in May, 2019, which was held to fill the Panaji assembly seat that had fallen vacant because of Parrikar’s death.
Two months later, Monserrate and nine other Congress lawmakers merged their outfit with the BJP.
Speaker Patnekar conducted the first hearing of the case on October 15, 2019, and the last one in February before the lockdown restrictions came into force.
