On April 20, the Assembly Speaker will decide on the disqualification of 10 rebel MLAs of Goa Congress. Solicitor General Tushar Mehta presented on behalf of the Goa Speaker to the Supreme Court has given this information. At the same time, the Supreme Court (Supreme Court) Will hear the matter on 21 April. During the hearing, SG Tushar Mehta first said that the speaker will decide on 29 April. On this, CJI SA Bobde said that they will not be there at that time, then there will be another bench, so it should be decided first. Let me tell you that in the last hearing, on behalf of the Goa speaker, Solicitor General Tushar Mehta told the court that the Goa speaker has put the disqualification for hearing on February 27. The matter is also pending on the merger.
Goa Congress rebel MLA disqualification case: Supreme Court defers hearing on the petition till the first week of March
Initially, the court said that the speaker’s report should be placed before the court. But on behalf of the speaker it was said that the court cannot issue instructions to the speaker. Hearing of this case should be done after the speaker completes the hearing. SG Tushar Mehta said that this is just a hearing, not a settlement. But the CJI said that they would postpone the case only when settlement is also done. It was said on behalf of the petitioner that this date has been fixed only to show the court. These MLAs joined the BJP in July 2019.
In fact, the Goa Congress Chief has moved the apex court to disqualify the 10 MLAs who joined the BJP. Senior advocate Kapil Sibal, appearing on behalf of the petitioner, had argued that one and a half years had passed and the decision of the Congress to disqualify the speaker was yet to be decided. Earlier on 16 June 2020, the Supreme Court issued a notice to the Goa Assembly speaker on a petition seeking direction to the Congress legislator to take a decision on the disqualification of 10 rebel MLAs within a month.
On a petition filed by Goa Congress President Girish Chodankar, a bench of Chief Justice SA Bobde, Justice AS Bopanna and Justice MR Shah issued notice to reply within three weeks. The petition states that the disqualification petition is pending before August 2019, on which the speaker should decide quickly.
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Additionally, the petition has also demanded a ban on 10 MLAs from acting as BJP MLAs and ministers. The petition states that the speaker has violated the 3-month deadline to decide the disqualification which the Supreme Court has set out in its recent judgment related to the issue of Manipur MLA defections. In July 2019, ten of the 15 Congress MLAs in Goa left the party and merged with the BJP, increasing the strength of the ruling party from 27 to 40.
The disqualification petition filed by the opposition party against 10 MLAs is pending before the Speaker of the Assembly from August 2019. Chodankar’s petition challenged the merger of 10 Congress MLAs with the BJP, as there was no “division” in either the party or the Goa unit.
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