LUIS PROTO BARBOSA Vs. UNION OF INDIA

JUDGEMENT

(1.) - This appeal, by special leave, arises out of and is directed against the judgment and order dated 18-12-1990 of the High Court of Bombay, Goa Bench at Panaji in Writ Petition No. 324 of 1990, rejecting appellant's challenge to the order dated 14th December, 1990, of the Speaker of the Legislative Assembly of Goa, made under the provisions of the Tenth Schedule to the Constitution disqualifying the appellant from membership of the Assembly on grounds of defection.

(2.) The matter arose out of certain proceedings initiated under the Tenth Schedule of the Constitution introduced by the Constitution (52nd Amendment) Act, 1985 for the disqualification of the appellant, Dr. Luis Proto Barbosa, who was the then Speaker of the Goa Legislative Assembly on the ground that the appellant had voluntarily resigned from the membership of the political party otherwise than under circumstances which would attract the exemption under paragraph 5 of the Tenth Schedule.

(3.) Appellant was elected as member of the Legislative Assembly of Goa on the 26th November, 1989 as a candidate of the Congress (1) political party. On 2nd January, 1990 he was elected Speaker of the House. However, on 24th March, 1990, appellant while holding the office of the Speaker. resigned from the Congress (I) party along with six other members of the said party with the avowed intention of forming a new party styled the "Goan People's Party". On 25th March, 1990 the resignation was accepted by the Congress (1) party. On 28th March, 1990, the fourth respondent, another Member of the House, filed a petition alleging that the appellant had incurred the disqualification from the membership of the Legislative Assembly under the Tenth Schedule of the Constitution and that appellant, accordingly, be so disqualified.