the goan I network
PANAJI
The Bombay High Court at Goa on Monday issued notices to the Speaker’s office, the State and other officials following a petition filed by one Sadanand Vaigankar seeking that order issued by the former formalising the merger of the two-MLA Maharashtrawadi Gomantak Party (MGP) into the BJP in the wee hours of March 27 be declared invalid.
In his petition, Vaigankar argued: “For a merger of any political party, the procedure contemplated under the constitution of their party has to be followed which has not been done in the present case and therefore question of valid merger of any political party does not even arise.”
“The legislature party of a political party by itself had no authority or power to merge with any other political party, without the merger of its original political party,” Vaigankar further adds in his petition. Deputy Chief Minister Manohar (Babu) Ajgaonkar and PWD Minister Dipak Pauskar, then only an MLA, merged into the BJP in the wee hours on March 27, soon after they formally submitted their plea to then acting Speaker Michael Lobo.
Lobo then issued an order recognising the merger. It reduced the MGP to a single-MLA party in the legislature, with then Deputy Speaker Sudin Dhavalikar, being sacked from the cabinet hours later and Pauskar being sworn-in.
Meanwhile, the notice issued by the High Court to Lobo is returnable by April 30. Notices have also been separately issued to Ajgaonkar and Pauskar also returnable by April 30.
Others named respondents by Vaigankar in his petition and served notices by the
High Court include the Legislature Secretary, Under Secretary (Legislature), the State government, the Election Commission and the MGP.
A brief hearing on the matter took place on Monday before the High Court, in which former Advocate General Subodh Kantak represented the case of the petitioner arguing that the Speaker’s act of ‘recognising’ the merger was illegal.
Kantak also put forth the plea of the petitioner seeking interim relief to the extent that Ajgaonkar and Pauskar, be restrained from functioning as MLAs or holding any constitutional post.
No relief was however granted by the High Court other than issuing notice to the respondents, seeking their say.
THE PETITION
For a merger of any political party, procedure contemplated under constitution of the party has to be followed
Question of valid merger of any political party does not even arise
Legislature wing of a political party by itself had no authority or power to merge with any other political party, without merger of its original political party
THE MERGER SAGA
Dy CM Babu Ajgaonkar and PWD Minister Dipak Pauskar merge into BJP in the wee hours of March 27, soon after formally submitting a plea to then acting Speaker Michael Lobo
Lobo issues order recognising the merger
Merger reduces MGP to single-MLA party in the legislature
Sudin Dhavalikar sacked from Cabinet hours later
