Disqualification pleas: SC nudges Goa Speaker to advance date of decision
Was the preliminary date scheduled for April 29 as I might retire on April 23, CJI asks S-G
Nudged by the Supreme Court, the Goa Assembly Speaker on Tuesday agreed to advance the date of his decision on the disqualification petitions filed towards 10 former Congress MLAs who ‘merged’ with the BJP in 2019 from April 29 to April 20.
Chief Justice of India Sharad A. Bobde requested Solicitor General Tushar Mehta, who appeared for the Speaker’s workplace, whether or not the preliminary date of April 29 was fastened with a watch on the truth that he would retire on April 23.
“You want the matter to go to another Bench, which will have to hear the case all over again,” Chief Justice Bobde, who heads the three-judge Bench listening to the case, requested the regulation officer.
“It was never that idea… Have it on April 21-22?” Mr. Mehta stated.
The courtroom stated the Speaker had reserved the disqualification proceedings for orders on February 26… April 29 is just not acceptable by this Bench… Ask him [Speaker] to dispose of the petition ideally this week itself,” Chief Justice Bobde informed Mr. Mehta.
The Solicitor General stated the Speaker was a constitutional authority who must be free to train his discretion in these points.
But senior advocate Kapil Sibal, showing for the petitioner and the Congress get together, stated the Speaker was “making a mockery of the whole process” underneath the Tenth Schedule of the Constitution.
“He has not decided the petitions for the past 19 months. There is a judgment of this court which says the Speaker should decide in four months…” Mr. Sibal argued.
Finally, after receiving directions, Mr. Mehta knowledgeable the courtroom that the Speaker would determine on April 20. The courtroom scheduled a listening to on April 21.
On January 4, the CJI had orally noticed that “nobody can have a vested right to delay” a plea filed by Goa Congress chief Girish Chodankar difficult the Speaker’s delay of over 19 months to determine the disqualification petitions.
Mr. Chodankar had alleged that the ten MLAs, purportedly claiming to kind a two-third of Indian National Congress (INC) within the State, “decided to merge the said legislature party with the BJP” and addressed a communication to that impact to the Speaker.
The plea stated based mostly on the communication, the Speaker was happy to take word of the “alleged merger of INC’s legislative party in the Goa Legislative Assembly, and allotted the 10 MLAs seats in the Assembly along with the members of the BJP”.
Mr. Chodankar has contended “that the legislators ex facie incurred disqualification under Article 191(2) of the Constitution, read with Para 2 of the Tenth Schedule (defection), and are liable to be disqualified as member of the Legislative Assembly”.
The petition has referred to a current judgment of the Supreme Court which urges Speakers to determine disqualification proceedings inside an inexpensive time, ideally three months.