PANAJI
The Supreme Court of India bench headed by Chief Justice SA Bobde yet again adjourned the petition filed by Goa State Congress president Girish Chodankar seeking directions to the Speaker to expeditiously hear the pending disqualification petitions with a direction to hear it after two weeks.
When the matter came up for hearing it was briefly argued by Kapil Sibal representing the Congress and the Government advocate Mukul Rohatgi argued for and against the petition respectively.
Referring to the Manipur case, Adv Kapil Sibal urged the court to direct the Speaker to decide the matter on priority and pass his order immediately while Rohatgi argued that the Speaker would decide the matter ‘on merits’ to which Sibal responded that the matter should be heard immediately and not on merits.
However, without commenting further, the Chief Justice only said: “No one could have a vested right in delay” before proceeding to adjourn the matter to February.
Goa Congress president Girish Chodankar had said that “the party was compelled to move the SC” after the Speaker refused to schedule timely hearings, despite being reminded that Supreme Court guidelines stipulate that disqualification petitions need to be disposed off with an outer limit of nine months.
Besides seeking directions to the Speaker that he dispose of the matter within one month, the Congress petition has 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.
“The Congress party reacted with indignation to its latest setback in the Supreme Court. “By the time Hon’ble Judges decide to hear & dispose of the disqualification petition, it will be infructuous as elections in Goa will be in a year. The CJI seems to have his priorities set. Looks like defections by BJP has the backing of the #SupremeCourt,” Goa desk in-charge Dinesh Gundu Rao, said.
“Goan Voters are not as privileged as #ArnabGoswami in seeking swift justice from the Apex Court of India. After committing the Crime of Murder of Democracy one & half year ago, 10 Defectors continue to enjoy Fruits of Power. No Courts in India can Stop them,” State Congress president Girish Chodankar said.
