GIRISH RAYA CHODANKAR Vs. GOA LEGISLATIVE ASSEMBLE

JUDGEMENT

(1.) These two Writ Petitions challenge orders passed by the Speaker of the Goa Legislative Assembly dismissing petitions filed for disqualification of respondent Members of the Legislative Assembly. The Speaker has held that the said respondents did not invite disqualification, as the deeming fiction under paragraph 4(2) of the Tenth Schedule to the Constitution operated in their favour. The Petitioners have, inter alia, raised the question of political morality and as to whether the orders passed by the Speaker are in furtherance of the object with which the Tenth Schedule was introduced in the Constitution. In order to appreciate the contentions raised on behalf of the rival parties, it is necessary to first refer to the factual background.

(2.) 11/3/2017, election was held for the State of Goa and as per the results declared by the Election Commission of India, the following was the tally of elected members belonging to various political parties and independent candidates: <IMG>JUDGEMENT_217_LAWS(BOM)2_2022_1.jpg</IMG>

(3.) The elected members of the BJP along with MGP, the GFP and the independents, formed the Government in the State of Goa. Later, one of the Members of the Legislative Assembly (MLA), representing the INC from the Valpoi Constituency resigned from membership of the INC and gave up membership of the Legislative Assembly also. Thereafter, in October 2018, two members of the Legislative Assembly belonging to the INC, resigned from the assembly and joined BJP. In this process, the MLAs belonging to the INC, were reduced to 14. Thereafter, on 17/3/2019, the then Chief Minister of Goa passed away and an MLA of the BJP was appointed as the Chief Minister along with two Deputy Chief Ministers belonging to the MGP and GFP. In the election conducted for the seat that fell vacant due to demise of the then Chief Minister, Respondent no.11 contested and won as an INC candidate. Thus, tally of INC rose to 15.