LAWS(BOM)-2005-12-36

FILIPE NERY ROADRIGUES Vs. SADANAND MHALU SHET

Decided On December 21, 2005
FILIPE NERY RODRIGUES Appellant
V/S
SADANAND MHALU SHET Respondents

JUDGEMENT

(1.) Heard Mr. S.K. Kakodkar, the learned Senior Counsel assisted by Mr. M.S. Sonak and Mr. P.S. Rao, the learned Counsel for the petitioner, Mr. S.G. Aney, the learned Senior Counsel assisted by Mr. V.P. Thali and Ms. G. Pednekar, the learned Counsel for respondent No. 1, Mr. S.G. Dessai, the learned Senior Counsel assisted by Mr. S. Dessai, the leaned Counsel for respondent No. 2 and Mr. A.F. Diniz, the learned Counsel fox respondent No. 3.

(2.) The writ petition is directed against the order dated 28.02.2005 passed by the Honourable Speaker, Goa Legislative Assembly, declaring the petitioner disqualified as a Member of the House in accordance with Clause 2 of para 2 of the Xth Schedule of the Constitution of India as well under Article 161(2) of the Constitution of India.

(3.) Mr. Kakodkar, the learned Senior Counsel placed before us the following facts and circumstances which have resulted in the Speaker passing the impugned order :