HC dismisses pleas seeking disqualification of 12 Goa MLAs, order upholds democracy, says CM

news image

For Quick Alerts

Subscribe Now
 

For Quick Alerts

ALLOW NOTIFICATIONS
 

|

Google Oneindia News


Panaji,
Feb
24:

Goa
Chief
Minister
Pramod
Sawant
on
Thursday
welcomed
the
Bombay
High
Court’s
order
rejecting
two
pleas
seeking
disqualification
of
12
MLAs
who
switched
over
from
their
parties
to
the
BJP,
saying
“democracy
and
constitutional
mandate
has
prevailed
over
the
smear
campaign”.

HC dismisses pleas seeking disqualification of 12 Goa MLAs, order upholds democracy, says CM

However,
Goa
Pradesh
Congress
Committee
president
Girish
Chodankar
claimed
this
will
encourage
the
BJP-led
central
government’s
“politics
to
change
the
mandate
of
people”
with
the
use
of
money.
The
Goa
bench
of
the
HC
upheld
state
Assembly
Speaker
Rajesh
Patnekar’s
order
of
last
year
dismissing
two
petitions
seeking
disqualification
of
12
MLAs
who
left
their
respective
parties
and
joined
the
ruling
BJP
in
2019.

Chodankar
had
filed
one
of
the
disqualification
petitions
against
10
party
MLAs
who
switched
over
to
the
BJP
in
July
2019.
The
Maharashtrawadi
Gomantak
Party
had
filed
the
other
plea
against
its
two
MLAs,
who
joined
the
BJP
in
the
same
year
by
splitting
the
regional
outfit.

The
HC
on
Thursday
said
the
“petitioners
have
not
been
able
to
make
out
a
case
for
interference
in
the
impugned
orders
passed
by
the
Speaker”.
The
court
also
said
that
the
order
passed
by
the
Speaker
rejecting
the
disqualification
petitions
“cannot
be
said
to
be
militating
against
the
object
of
introduction
of
the
Tenth
Schedule
of
the
Constitution
on
the
touchstone
of
political
and
constitutional
morality”.

Reacting
to
the
judgement,
Sawant
in
a
tweet
said,
“I
welcome
the
decision
of
Hon.
High
Court
in
dismissing
the
appeal
filed
by
Congress
and
MGP
against
merger
of
12
MLAs
into
the
BJP
Legislature
Party.

Democracy
and
constitutional
mandate
has
prevailed
over
the
smear
campaign.”
However,
Chodankar
said
the
order
was
unexpected
and
he
will
challenge
it
in
the
Supreme
Court
because
“the
very
existence
of
political
parties
is
in
question”.
He
claimed
the
order
has
given
power
to
MLAs
to
change
the
public
mandate.

“The
order
will
encourage
politics
of
the
Narendra
Modi
government
at
the
Centre…with
the
use
of
money,
they
can
change
the
mandate
of
the
people,”
the
Congress
leader
told
reporters
outside
the
court
building.
The
order
is
against
the
democratic
values.
“It
is
going
to
set
a
bad
precedent,
not
only
for
the
Congress
but
all
political
parties
in
the
country,
as
after
an
election,
a
few
MLAs
can
come
together
and
take
a
decision
to
join
another
party,”
he
claimed.

“The
very
spirit
of
the
Tenth
Schedule
(of
the
Constitution)
has
been
destroyed
by
this
order.
The
purpose
of
the
Tenth
Schedule
is
to
prevent
defection
and
horse
trading.
It
is
necessary
that
this
order
needs
to
be
challenged,”
he
said.
Advocate
Abhijit
Gosawi,
representing
Chodankar,
said
the
order
is
going
to
question
the
role
of
political
parties
in
the
democratic
process.
“It
will
happen
that
two-third
of
the
members
will
take
a
certain
decision
and
the
political
party
will
have
no
say
in
the
process,”
he
added.
PTI

Story first published: Thursday, February 24, 2022, 14:27 [IST]

For Quick Alerts Subscribe Now   For Quick Alerts ALLOW NOTIFICATIONS   | Published: Thursday, February 24, 2022, 14:27 [IST] Panaji, Feb 24: Goa Chief Minister Pramod Sawant on Thursday welcomed the Bombay High Court’s order rejecting two pleas seeking disqualification of 12 MLAs who switched over from their parties to the BJP, saying “democracy and constitutional mandate has prevailed over the smear campaign”. However, Goa Pradesh Congress Committee president Girish Chodankar claimed this will encourage the BJP-led central government’s “politics to change the mandate of people” with the use of money. The Goa bench of the HC upheld state Assembly Speaker Rajesh Patnekar’s order of last year dismissing two petitions seeking disqualification of 12 MLAs who left their respective parties and joined the ruling BJP in 2019. Chodankar had filed one of the disqualification petitions against 10 party MLAs who switched over to the BJP in July 2019. The Maharashtrawadi Gomantak Party had filed the other plea against its two MLAs, who joined the BJP in the same year by splitting the regional outfit. The HC on Thursday said the “petitioners have not been able to make out a case for interference in the impugned orders passed by the Speaker”. The court also said that the order passed by the Speaker rejecting the disqualification petitions “cannot be said to be militating against the object of introduction of the Tenth Schedule of the Constitution on the touchstone of political and constitutional morality”. Reacting to the judgement, Sawant in a tweet said, “I welcome the decision of Hon. High Court in dismissing the appeal filed by Congress and MGP against merger of 12 MLAs into the BJP Legislature Party. Democracy and constitutional mandate has prevailed over the smear campaign.” However, Chodankar said the order was unexpected and he will challenge it in the Supreme Court because “the very existence of political parties is in question”. He claimed the order has given power to MLAs to change the public mandate. “The order will encourage politics of the Narendra Modi government at the Centre…with the use of money, they can change the mandate of the people,” the Congress leader told reporters outside the court building. The order is against the democratic values. “It is going to set a bad precedent, not only for the Congress but all political parties in the country, as after an election, a few MLAs can come together and take a decision to join another party,” he claimed. “The very spirit of the Tenth Schedule (of the Constitution) has been destroyed by this order. The purpose of the Tenth Schedule is to prevent defection and horse trading. It is necessary that this order needs to be challenged,” he said. Advocate Abhijit Gosawi, representing Chodankar, said the order is going to question the role of political parties in the democratic process. “It will happen that two-third of the members will take a certain decision and the political party will have no say in the process,” he added. PTI Story first published: Thursday, February 24, 2022, 14:27 [IST]

Leave a Reply

Your email address will not be published. Required fields are marked *