SC disposes SLP against Speaker, defected MLAs as 'infructuous'

PANAJI
The Supreme Court of India has disposed of as infructuous a Special Leave Petition (SLP) filed by former Goa Congress President Girish Chodankar against the Speaker of the Goa Legislative Assembly in connection with the defection of eight MLAs to the BJP in 2022.
In its order, the apex court observed that during the pendency of the petition, fresh elections to the State Legislative Assembly had taken place, rendering the issues raised in the plea “largely academic”.
“In view of the fact that during the pendency of this petition, fresh elections in the State Legislative Assembly have taken place, the issues raised in the instant petition have become largely academic,” the court noted.
The Bench further recorded that the petitioner has filed another SLP raising similar questions. Granting liberty to Chodankar to raise additional points in the subsequent matter, the court held that the present petition deserved to be disposed of as having become infructuous.
“That being so, with the liberty to raise additional points, if any, in the arguments which are under consideration in the subsequent special leave petition, we are of the view that the instant special leave petition deserves to be disposed of as having become infructuous,” the order stated. “The SLP is accordingly and with the liberty aforesaid disposed of as infructuous.”
The court directed that counter-affidavits, if any, be filed within four weeks, with rejoinders to be filed within two weeks thereafter. The matter has been posted for hearing on April 7.
The petition had earlier led the Supreme Court to issue notices to the Speaker of the Goa Legislative Assembly and to eight MLAs who had joined the BJP after being elected on Congress tickets in 2022. Chodankar had challenged both the Speaker’s order and a High Court decision that had given a clean chit to the eight legislators.
The Supreme Court had also directed that Chodankar’s plea be tagged with his earlier petition relating to 10 Congress MLAs who joined the BJP in 2019, raising similar questions on disqualification and merger under anti-defection provisions.