Panaji: Upholding order of the Speaker of Goa legislative assembly Ramesh Tawadkar not to disqualify the eight Congress MLAs who joined the ruling Bharatiya Janata Party (BJP) in September 2022, the High Court of Bombay at Goa on Thursday disposed of the petition filed by former Goa Pradesh Congress Committee president Girish Chodankar.
Chodankar had approached the high court challenging Tawadkar’s decision in the matter.
In November last year, Tawadkar had dismissed the disqualification petition against the eight MLAs and stated that the case was identical to the facts in the Dominic Noronha vs Digambar Kamat case, which was disposed of in October 2024.
In the Noronha vs Kamat case, Tawadkar had dismissed the petition saying that the Supreme Court had clearly upheld that if two-thirds of the members “of the legislature party disagree with the political party, such disagreement is protected and the same shall not incur as disqualification”.
Dismissing Chodankar’s petition, Tawadkar had ruled that upon the merger of the original political party of an elected member with another political party, the elected member will not face disqualification in either contingency that is whether he chooses to go with the merger or disagrees with the same.
Disqualification on grounds of defection will not apply in the case of merger, Tawadkar had ruled.
Last month, the Supreme Court dismissed a special leave petition filed by Chodankar against Tawadkar, observing that it would be open for the petitioner to approach the high court requesting an expeditious decision. The apex court had refused to entertain plea challenging the decision of the Goa assembly Speaker.
Chodankar, in his petition before the high court, requested that pending hearing and final disposal of the matter, the respondent (Tawadkar) be restrained from participating in assembly proceedings and from being appointed as a minister.
The disqualification petition was filed by Chodankar against MLAs Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, Michael Lobo, Delilah Lobo, Kedar Naik, Rudolf Fernandes and Rajesh Faldessai.
