Chodankar alleges deliberate delay by respondents to stall case against MLAs who joined BJP
PANAJI
Congress leader Girish Chodankar has approached the Supreme Court, seeking an early hearing in his disqualification petition against eight MLAs who joined the BJP after being elected on Congress tickets.
In his plea, Chodankar pointed out that more than six months have passed without the respondents filing their reply, which he called a “deliberate and calculated” delay meant to block the judicial process.
“Since this matter involves an important question of law with wider public impact, it is respectfully requested that the case be heard at the earliest,” the plea stated.
In March, the Supreme Court had issued notices to the Speaker of the Goa Legislative Assembly and the eight MLAs in a special leave petition filed by Chodankar. The petition challenges both the Speaker’s and the High Court’s orders that cleared the MLAs who defected to the BJP in 2022.
Chodankar’s new application notes that the term of the 8th Goa Legislative Assembly will end in 2027, leaving less than 16 months before its expiry.
He said over three years have passed since the alleged defection, which should have led to immediate disqualification under the Tenth Schedule of the Constitution.
“Despite more than six months passing, the respondents have failed to file their response. This delay is intentional and aimed at making the petition infructuous,” the application stated.
He also cited a similar case from the 7th Goa Legislative Assembly, which became infructuous after its term ended. Chodankar alleged that the same tactic is being used again—delaying replies to ensure the current petition also lapses.
The petition raises the question of whether a two-thirds majority of a legislative party can claim a valid merger without the consent of the original political party under whose symbol the members were elected.
The Supreme Court has tagged this case with Chodankar’s earlier petition involving 10 Congress MLAs who joined the BJP in 2019.
