Disqualification plea to be heard on Feb 26: Speaker to apex court

PANAJI

The Supreme Court on Wednesday adjourned to the first week of March the petition filed by State Congress President Girish Chodankar against the Goa Speaker for failing to rule on the disqualification petition filed by the party against 10 MLAs who defected to the BJP en masse back in 2019.

After the matter was taken up, before the Supreme Court Bench headed by the Chief Justice, Solicitor General representing/appearing for the Speaker informed the Court that the Speaker has fixed the hearing regarding the disqualification petition on February 26 and the matter before the Supreme Court can be adjourned.

At this the Advocates representing Chodankar objected saying that the date fixed by the Speaker was a red herring and the respondents are merely delaying the proceedings of disqualification petition and that Speaker be directed to decide the matter on February 26 itself.

After hearing the matter briefly the Bench ruled that the matters be posted to March.

“Tushar Mehta, learned Solicitor General appearing for the Respondent(s), states that the disqualification petition(s) has been listed by the Respondent -- the Speaker Goa State Legislative Assembly, for disposal on February 26. List these matters in the first week of March, 2021,” the Supreme Court ruled.

Back in June last year, the Congress had approached the Supreme Court seeking directions to the Speaker that he dispose off the matter within one month. The Congress petition had also sought that the 10 MLAs concerned be restrained to officiate as MLAs and Ministers.

Central to the Congress argument is that the Speaker has violated the deadline of 3 months set by the Supreme Court in the Manipur case. The petition also relies on another Supreme Court Order concerning Manipur where due to the delay by the Speaker in deciding the disqualification petition, the Supreme Court had declared that a MLA will cease to be a Minister.

The Congress has contended that the ‘merger’ of 10 of its MLAs into the BJP was not a merger of parties as envisaged by the 10th schedule of the Constitution.