Following the submissions made earlier than the Supreme Court on February 10, Goa legislative assembly speaker Rajesh Patnekar on Friday heard the disqualification petitions filed against 10 MLAs who defected from the Congress to the BJP in 2019 and two from the Maharashtawadi Gomantak Party (MGP) who adopted go well with.
Disqualification petition against the ten Congress legislators was filed by the Goa Pradesh Congress Committee President Girish Chodankar and later one other petition was filed by MGP chief Ramakrishna Dhavalikar against two of the social gathering’s MLAs who defected to the BJP, together with present deputy chief minister Manohar Ajgaonkar. Friday’s listening to comes after the preliminary listening to held in Chodankar’s petition in October 2019. Chodankar and Dhavalikar had moved the Supreme Court searching for a course to the Speaker to determine the disqualification petitions.
The listening to that started at 10:30 am on Friday, concluded somewhat previous 7 pm with the Speaker listening to the submissions of the legal professionals for the Congress, the MGP and the MLAs against whom the disqualification petitions had been filed. The petitioners had sought the disqualification of the 12 respondents beneath Article 191(2) of the Constitution learn with para 2 of the Tenth Schedule.
Arguing for the Congress lawyer Abhijit Gosawi contended that para 4 beneath the Tenth Schedule lists out exceptions against defection and it requires the merger of the unique political social gathering with one other to preclude the merger of the two-third members of the legislative social gathering. Gosawi mentioned that the declare of the defectors that the Congress “has ceased to exist” within the Goa legislative assembly and has “merged in the BJP” was defective as a result of Congress remains to be a nationwide political social gathering and has not merged with another social gathering.
Arguing on related traces, MGP lawyer Dhaval Zaveri mentioned that the defectors had additionally produced a decision of March 2019 claiming the merger between the events, it’s admissibility earlier than the Speaker was, nevertheless, contested.
Lawyer Sagar Sardesai, who represented 5 MLAs who had defected from the Congress to the BJP, together with income minister Jennifer Monserrate and Panaji MLA Atanasio Monserrate, mentioned that they contended that the ‘merger’ of the Congress legislative social gathering with the BJP was legitimate as a result of 10 out of the social gathering’s 15 MLAs – two-third of the social gathering’s MLAs – had agreed to affix the BJP. The legal professionals of the MLAs additionally sought to look at witnesses however the Speaker, nevertheless, reserved his order within the petitions, the legal professionals confirmed.
The Supreme Court is anticipated to listen to Chodankar’s petition on March 8.