LUIS PROTO BARBOSA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged in this writ petition an order of the third respondent dated December 14, 1990 disqualifying him from membership of the Legislative Assembly of the stale of Goa. The petitioner was elected as a Member of the Goa Legislative Assembly on November 26, 1989 on the Congress (I) party ticket. He was elected as speaker of the Assembly on January 22, 1990. On March 24, 1990 the petitioner, while holding the office of speaker, resigned from the Congress (I) along with six other members of the said party. These persons formed a new political party which they designated as the Goan People's Party. The resignation of the petitioner was accepted by the Congress (I) party on March 25, 1990.

(2.) ON March 28, 1990 the fourth respondent who is also a Member of the Goa Legislative Assembly, filed a petition for disqualification of the petitioner from the membership of the Legislative Assembly under the Tenth Schedule of the Constitution of India and the Rules framed thereunder by the speaker, Goa, Daman and Diu Legislative Assembly, known as the Members of Goa, Daman and Diu Legislative Assembly (Disqualification on ground of Defection) Rules, 1986.

(3.) THE petitioner thereafter resigned as the speaker of the Assembly on April 14, 1990. He filed his reply on April 30, 1990. A hearing was given to the petitioner by the respondent No. 3. Thereafter by his order dated December 14, 1990 which is an elaborate speaking order, the 3rd respondent has disqualified the petitioner from the membership of the Assembly.