The Bombay High Court on Thursday upheld Goa Assembly Speaker Ramesh Tawadkar's decision to not disqualify the eight Congress MLAs who joined the ruling BJP in the coastal state on September 14, 2022.
On November 1 last year, Tawadkar dismissed the disqualification petition against MLAs Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, Michael Lobo, Delilah Lobo, Kedar Naik, Rudolf Fernandes and Rajesh Faldesai.
The disqualification petition was filed at the time by former Goa Pradesh Congress Committee (GPCC) president Girish Chodankar. Chodankar moved the High Court on January 6 this year against Tawadkar's decision.
On Thursday, the division bench of Justices Makarand Karnik and Nivedita Mehta dismissed the petition filed by Chodankar and upheld the speaker's order.
Advocate Abhijit Gosavi, representing Chodankar, had argued for disposing of the matter stating the High Court had previously ruled on a similar case filed by him. The advocate further stated that an appeal was being made in the Supreme Court.
State Advocate General Devidas Pangam opposed the demand for disposal arguing that more petitions related to the same matter (of disqualification) are pending before the HC.
The strength of the BJP had gone up to 28 in the 40-member assembly after these eight Congress MLAs switched sides. Elections to Goa assembly were held on February 14, 2022, and the results were declared on March 10.
The BJP secured 20 out of 40 seats and the Congress won 11. The petitioner stated that all the eight MLAs were elected on the ticket of INC (Indian National Congress) along with other three members.
On September 14, 2022, the eight MLAs claimed to be two-thirds of the (Congress) legislature party and declared a merger with BJP. They sought protection under the 10th schedule of the Constitution.
(With PTI inputs)