Panaji: Goa assembly Speaker Ramesh Tawadkar on Monday dismissed a disqualification petition filed by a Congress leader against eight MLAs of the party who had joined the BJP in 2022.
Rejecting the plea, the Speaker noted that disqualification is invited if a substantial number of legislators- two-thirds in the case of a merger- disagree with a political party.
Congress leader Dominic Joao Noronha had filed a petition seeking to disqualify eight MLAs on September 14, 2022, under the tenth schedule of the Constitution claiming their act to shift to the BJP amounted to defection. These MLAs are Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, Michael Lobo, Delilah Lobo, Kedar Naik, Rudolf Fernandes and Rajesh Faldesai.
Noronha had requested the Speaker to bar these MLAs from "acting, functioning, and masquerading" as members of the Goa legislative assembly and receiving any benefits. 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.
Noronha had claimed that these eight MLAs had passed a resolution resolving to merge with the BJP. The petitioner also submitted that the respondent MLAs had openly admitted to having joined the BJP and voluntarily given up their membership of the Congress party.
The 8 MLAs had submitted different replies before the Speaker claiming they constitute two-thirds of the total 11 elected members of Congress. "It is clear that the tenth schedule confers legitimacy to the actions of the legislators which would otherwise lead to disqualification, if a substantial number of legislators, that is two-thirds in case of merger, disagree with the political party," the Speaker noted.
"The independent existence of the legislature party is accepted as a defence to the action of legislators, which would have otherwise amounted to defection," the Speaker stated citing a Supreme Court order. "I find that there is no disqualification incurred by the respondents in this case and the petitioner cannot claim their disqualification," the order said.
In the 40-member House, the BJP has 29 MLAs, Congress 3, MGP and AAP 2 each, and GFP one. Three Independent legislators are aligned with the BJP.
