Goa setting up audio speaker Ramesh Tawadkar on Friday disregarded the incompetency request submitted by the Congress versus 8 of its MLAs that abandoned to the judgment BJP in 2022.
The incompetency request was submitted by previous Goa Congress principal Girish Chodankar versus MLAs Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, Michael Lobo, Delilah Lobo, Kedar Naik, Rudolf Fernandes andRajesh Faldesai The 8 MLAs signed up with the BJP on September 14, 2022, taking the ruling celebration’s toughness in the 40-member setting up to 28.
Chodankar, in his request, had actually looked for that the audio speaker invalidate these 8 MLAs under Para 2 of the 10th Schedule checked out with Article 191 of the Constitution on the ground that they had actually willingly quit the subscription of the initial celebration (Congress) on the tickets of which they had actually disputed for the 8th Goa legal setting up and had actually won.
“It is undisputed fact that respondents were duly elected as the members of Indian National Congress for the present assembly and are now affiliated to the Bharatiya Janata Party,” Chodankar claimed in the request submitted via supporter Abhijit Gosavi.
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The request competed there was no legitimate merging in this situation as the double need of merging of political celebration to be concurred by two-third of participants of the legislature celebration was not pleased.
“Para 4 of the 10th Schedule of the Constitution does not contemplate merger of the political party to the legislature party. Such a merger is contrary to the object of the 10th Schedule of the Constitution. In the present case, there is no dispute that the original political party (Congress) has not merged,” he claimed in the appeal.
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Advocate Parag Rao, standing for the 8 MLAs, nevertheless, claimed the audio speaker, via an interaction on September 14, 2022, has actually tape-recorded that the 8 MLAs passed a resolution to combine the Congress legislature celebration with the BJP.
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Rao even more claimed the BJP, by conduct, has actually approved this merging given that it has actually made several of these MLAs priests in the state federal government.
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Dismissing the incompetency request, audio speaker Tawadkar ruled a participant of the setting up will not be invalidated where his initial political celebration combines with an additional political celebration.
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“In simple words, upon the merger of the original political party of the elected member with another political party, the elected member will not face disqualification in either contingency i.e whether he chooses to go with the merger or disagrees with the same,” the audio speaker ruled.
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.(* )audio speaker claimed incompetency on ground of defection does not use in situation of merging.
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