Team Goemkarponn
PANAJI: After nearly three years, the Goa Speaker may pass the verdict in the disqualification case filed against 8 MLAs who switched over from Congress to BJP in September 2022.
Goa Assembly Speaker Ramesh Tawadkar said he will deliver his order in the disqualification matter against eight rebel Congress MLAs in the petition filed by Dominic John Noronha of Dramapur-Sirlim at 4:30 pm on Monday, October 14.
“I will see if I can give the decision in the Noronha case tomorrow (Monday),” the Speaker said on Sunday.
After pronouncing his verdict, the Speaker will hear a second disqualification petition filed by former Congress president Girish Chodankar.
The Speaker stated that efforts are on to speed up the hearings as per directions of the Supreme Court. The eight Congress MLAs had defected to the Bharatiya Janata Party (BJP) in September 2022.
During the arguments last week, the respondents argued that the concept of the split of the political party was available under erstwhile Paragraph 3 of the Tenth schedule, which has been deleted with effect from January 1, 2004, and it cannot be conflated with the concept of merger of a political party under Paragraph 4 of the Tenth Schedule of the Constitution. They stated that Paragraph 4 (1) of the Tenth Schedule envisages an actual/factual merger whereas Paragraph 4 (2) of the Tenth Schedule contemplates and provides for a deemed merger by creating a legal fiction.
Both, the petitioner and respondents have relied upon various judgments by Speakers of different States.
THE TIMELINE
09/2022 – 08 INC MLAs claiming 2/3rd merged into BJP
11/11/2022 – Former GPCC President Girish Chodankar files disqualification petition against 8 MLAs before the speaker of the Goa Assembly
1/12/2022 – Chodankar moved the application before the speaker for speedy disposal of his petition as per SC order.
25/01/2023 – Write petition filed by Chodankar before HC to give directives to Speaker for time-bound disposal of his petition.
02/05/2023 – Final judgment was passed by the High Court dismissing W.P. No. 80 of 2023 filed by Petitioner on the following grounds; (i) that Respondent No. 1 was justified in delaying the adjudication of DP No. 3 of 2022 due to the pendency of DP No. 1 of 2022; (ii) that DP No. 1 of 2022 has a direct bearing on the adjudication of DP No. 3 of 2022 & therefore constitutes as ‘exceptional circumstances’ as a ground for delay. And hoped that the Speaker would dispose of the petition within the time-bound.
17/09/2023 – Chodankar SLP filed in SC
13/10/2023 – SC issues Notice to speaker & 8 MLAs. The next hearing on held on 1/12/2023.
Order of SC on 15/4/2024 “UPON hearing the counsel the Court made the following ORDER.
During the course of the hearing, it is pointed out that arguments have been heard in Petition No. 1/2022, filed on 12.07.2022, on 27.03.2024.
Mr. Mahesh Jethmalani, learned Senior Advocate, who appears for respondent no. 1 states that the orders will be passed expeditiously. He also states that Petition No. 2/2022 has been fixed for final arguments.
It will be open to the petitioner to request respondent no. 1 to take up Petition No. 3/2022 and other petitions expeditiously.
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Last order of SC on 2/9/2024
“UPON hearing the counsel, the Court made the following ORDER
At the request made by the learned counsel for respondent No. 1, the matter is adjourned by eight weeks.
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We hope and trust that Constitutional obligations will be discharged by respondent No. 1 by the next date of hearing.”
