Petitions to disqualify 12 Goa MLAs who joined BJP rejected by Bombay HC
The court said "petitioners have not been able to make out a case for interference in the impugned orders passed by the Speaker."
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Panaji, February 24: The petitions by Congress and the MGP (Maharashtrawadi Gomantak Party) which sought the disqualification of 12 Goa MLAs who had defected to BJP in 2019 was rejected by the Bombay High Court, on Thursday.
Of the 12 MLAS, 10 had defected from the Congress and two from the MGP, Goa's oldest regional party. The MLAs had claimed that since they constituted two-thirds of the strength, it was a valid merger and not a defection under the 10th schedule of the constitution.
In a tweet, CM Pramod Sawant welcomed the court's decision, , “I welcome the decision of Hon. High Court in dismissing the appeal filed by Congress and MGP against merger of 12 MLAs into the BJP Legislature Party. Democracy and constitutional mandate has prevailed over the smear campaign.”
The Goa chief, however, reacted sharply, “It is going to set a bad precedent, not only for the Congress but all political parties in the country, as after an election, a few MLAs can come together and take a decision to join another party." Congress this time, had made its poll candidates take an oath of loyalty.
According to reports, the court said, "petitioners have not been able to make out a case for interference in the impugned orders passed by the Speaker."
I welcome the decision of Hon. High Court in dismissing the appeal filed by Congress and MGP against merger of 12 MLAs into the BJP Legislature Party. Democracy and constitutional mandate has prevailed over the smear campaign!
— Dr. Pramod Sawant (@DrPramodPSawant) February 24, 2022
Assembly Speaker Rajesh Patnekar's last year's decision to dismiss two petitions seeking disqualification "cannot be said to be militating against the object of introduction of the Tenth Schedule of the Constitution on the touchstone of political and constitutional morality," the court further said.
Of the 12 MLAS, 10 had defected from the Congress and two from the MGP, Goa's oldest regional party. The MLAs had claimed that since they constituted two-thirds of the strength, it was a valid merger and not a defection under the 10th schedule of the constitution.
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One of petitions was filed by Goa Congress chief Girish Chodankar. Another was filed by the MGP. Thursday's order by the Goa Bench of the Bombay High Court comes days after Goa voted in a single phase to elect its next government.
In a tweet, CM Pramod Sawant welcomed the court's decision, , “I welcome the decision of Hon. High Court in dismissing the appeal filed by Congress and MGP against merger of 12 MLAs into the BJP Legislature Party. Democracy and constitutional mandate has prevailed over the smear campaign.”
The Goa chief, however, reacted sharply, “It is going to set a bad precedent, not only for the Congress but all political parties in the country, as after an election, a few MLAs can come together and take a decision to join another party." Congress this time, had made its poll candidates take an oath of loyalty.