8 Goa MLAs who jumped ship from Congress to BJP in 2022 get relief from Speaker

Girish Chodankar, former president of the Goa Pradesh Congress Committee, had filed a petition seeking disqualification of the legislators

Goa Legislative Assembly, Ramesh Tawadkar, Girish Chodankar, Goa Pradesh Congress Committee, Goa Pradesh Congress, Indian express news, current affairs

Speaker of the Goa Legislative Assembly Ramesh Tawadkar

The Speaker of the Goa Legislative Assembly, Ramesh Tawadkar, Friday dismissed a disqualification petition against eight “rebel” MLAs, who had switched from the Congress to the BJP in 2022.

Girish Chodankar, former President of Goa Pradesh Congress Committee, had filed a petition seeking disqualification of Michael Lobo, Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, Delilah Lobo, Kedar Naik, Rajesh Faldessai and Rodolfo Fernandes under the Tenth schedule of the Constitution. In the plea, Chodankar had submitted that the eight legislators had incurred disqualification as they had voluntarily given up the membership of their original political party, on whose candidature they had contested the Assembly elections.

On September 14, 2022, the eight MLAs, claiming to form two-third of the Congress legislature party, had declared a “merger” with the BJP and sought protection under the Tenth Schedule.

The advocate representing the eight MLAs submitted that the Tenth Schedule does not contemplate the acceptance of the merger by the other political party. The advocate said that the merger was accepted by the BJP “as the respondents are sitting in the Assembly as BJP members”.

Dismissing the plea, Speaker Tawadkar observed that the facts and the factual issues in the petition are identical to another disqualification petition recently heard by him. On October 14, Tawadkar dismissed a disqualification petition filed by one Dominic Noronha against the eight MLAs.

In the judgment dated October 14 that was referred to in Friday’s order, the Speaker, citing a Supreme Court ruling, said, “The Tenth Schedule confers legitimacy to the actions of the legislators which would otherwise lead to disqualification if a number of legislators disagree with the political party. The independent existence of the Legislature Party is accepted as a defence to the action of legislators, which would have otherwise amounted to defection. This observation of the Hon’ble Supreme Court clearly holds that if two-thirds of the members of the Legislature Party disagree with the political party, such disagreement is protected and the same shall not incur a disqualification.”

In the order on Friday, the Speaker said, “Even the legal issues involved in both these cases are identical. I cannot have a different order than what I had passed in Noronha’s case.”

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The Speaker said, “In simple words… Disqualification on the grounds of defection does not apply in case of merger.”

Chodankar told The Indian Express that the order amounted to “encouraging defections”. “I am confident that the Supreme Court will ultimately decide on this matter and disqualify the eight defecting MLAs in Goa,” he said.

Pavneet Singh Chadha

Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely on the state of Goa, covering major developments in politics, governance, and significant local events, which establishes his high degree of Expertise and Authority in the region. Expertise Geographic Expertise: As the Goa correspondent, Pavneet provides on-the-ground, comprehensive coverage of Goa's political, social, and cultural landscape, ensuring readers receive timely and localized insights. Key Coverage Focus: His recent work demonstrates deep investigative capabilities and a focus on high-impact stories, including: Investigative Reporting: Extensive coverage of complex events such as major incidents (e.g., the Goa nightclub fire), tracing the legal, political, and safety lapses involved. Government and Law Enforcement: Detailed tracking of police actions, deportations, and legal proceedings related to significant local cases. Policy and Governance: Reporting on the judiciary (e.g., Goa High Court flagging illegal structures) and the actions of government departments. He tweets @pub_neat ... Read More

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