PANAJI
Nationalist Congress Party (NCP) State President Jose Philip D’Souza on Tuesday filed a petition before the Speaker Rajesh Patnekar challenging MLA Churchill Alemao’s claim of merger of the NCP legislature wing with the Trinamool Congress (TMC).
It may be recalled that Alemao, shortly before joining the TMC, had submitted a letter to Patnekar with a claim that since he is the lone MLA and represents 100 per cent of the party’s legislative wing, he has the right to merge the NCP’s Goa Legislature Unit into the TMC.
“A merger of the legislative wing should be a party which already exists in the assembly. When TMC has no existence in the legislative assembly, how can Churchill claim merger with it,” questioned Samir Volvoikar, lawyer for the NCP.
In his petition, D’Souza objected to Alemao’s claim and demanded his disqualification as per the 10th Schedule.
“Churchill Alemao was elected to the legislative assembly as an official candidate of the NCP and his act, namely the claim of his having merged his original legislature party, namely NCP with TMC, has incurred disqualification under the procedure of the 10th schedule,” stated
the petition.
“As a fact, a legislature party in relation to a member of House relating to any political party means the group consisting of all members of that house for the time being belonging to that political party in accordance with the same provisions,” D’Souza added.
D’Souza maintained that the merger is not legal by arguing that the merger should be a group consisting of
all members.
“Apparently, Alemao has submitted the letter before you to claim non-application of provisions of Para 2 of the 10th schedule. As it is in law, the action claimed under the letter dated December 13, cannot constitute merger within the meaning of Para 4 of the 10th schedule,” stated the petition to the speaker.
Speaking to reporters, D’Souza said as per the 10th schedule, two thirds of MLAs can shift to another party with existing MLAs.
“Is there an existing TMC MLA in the Goa legislative assembly for the NCP to merge with TMC?” asked D’Souza.
“We will continue to fight the case even if the election is declared. We want to take the case to its logical end.”
On the other hand, Alemao has claimed his decision to merge the NCP legislature wing with the TMC was legal.
“Ten MLAs of Congress have gone to BJP. Also, 2 of the 3 MLAs from MGP have shifted to BJP. This is accepted by the speaker. So, if I am the lone MLA of NCP, there should be no problem for the speaker to accept my plea,” said Alemao.
