PANAJI
In agreeing to admit the petition, and while dismissing the objections of Rane that only the Speaker can decide on such a matter, the Bombay High Court at Goa was of the view that a person cannot be allowed to subvert the provisions of the Constitution by indulging in acts which would defeat the objectives and the scheme of the provisions therein. “In the present case, the allegations by the petitioners, which led to the tendering of the resignation and the subsequent conduct of Vishwajit Rane, has been claimed to be for oblique reasons, is a matter which can be examined in a judicial review.
“If there is a constitutional provision inhibiting a Member to be in the Council of Ministers or a Member of Legislative Assembly, such provisions cannot be allowed to be defeated by adoption of a subterfuge. That would clearly be a fraud on the constitutional provision. In such circumstances, if established, interference of the Court can arise as the legal provision cannot be invoked with legal malice,” the court ruled.
“All these aspects would have to be considered after a reply is filed, so as to examine whether the action and the acts complained of, allegedly committed by Vishwajit Rane were only to defeat the rigours and consequences of disqualification as provided in Article 190 of the Constitution (vacation of seats in state assemblies).
“In such circumstances, we find that as we did not have the benefit of a reply of the respondents, on the allegations made by the petitioners, it would not be possible to examine the veracity or otherwise of the allegations made by the petitioners at this stage, on the basis of the material on record. The above observations are prima facie and tentative which have been considered only for the purpose of examining whether the petition deserves consideration,” the court ruled.
