Apex court reserves ruling on Goa MLAs’ plea

By IANS

New Delhi : The Supreme Court Monday reserved its verdict on the plea of two Goa legislators challenging their temporary disqualification by the state assembly speaker, allegedly to save the Congress-led coalition government.


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A bench of Chief Justice K.G. Balakrishnan reserved the verdict after hearing arguments from the counsel of the two disqualified Maharashtrawadi Gomantak Party legislators Pandurang Dhavilkar and his brother Ramkishan Dhavilkar as well those of counsel for Speaker Pratapsinh Rane and Chief Minister Digambar Kamat.

Arguing for Dhavilkar brothers, senior counsel Mukul Rohtagi termed the speaker’s decision as illegal and malafide, arrived at to protect the Kamat government.

Rohtagi told the bench that the Dhavilkar brothers were disqualified “suddenly and abruptly” by Rane minutes before they were to cast their votes against Chief Minister Kamat July 30 during a confidence motion.

He said Rane’s decision to disqualify them was solely to tilt the balance in favour of Kamat in the voting.

Terming the speaker’s decision as “a flagrant violation of the natural principle of justice”, Rohtagi contended that Rane disqualified the two MLAs on a petition by fellow legislator Angel Fernandes, without even formally informing them of the petition filed against them.

Rohtagi pointed out that despite Goa Governor S.C. Jamir asking the chief minister to prove his majority in the house first, the speaker in collusion with the chief minister resorted to illegal stratagems to find a way out.

Earlier, counsel for Rane, E.T.R. Andhyarijuna, defended his client’s decision saying that it was a bonafide one.

He challenged the two legislators’ petitions saying that they had moved the court under Article 32 of the constitution, evoked in case of violation of fundamental rights, while their disqualification by the speaker was not a violation of their fundamental right.

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