PANAJI: The Goa Bench of the Bombay High Court on Tuesday granted an interim relief to Mr. Mathany Saldanha, lone MLA of the United Goans Democratic Party (UGDP), allowing him to sit in the House till his writ petition challenging his disqualification by the Speaker was decided.

Mr. Saldanha, however, cannot participate in the proceedings of the House nor take part in the voting.

The two-member bench, comprising Justice R. H. Lodha and Justice Nelson Britto, had earlier admitted for hearing the writ petition filed by Mr. Saldanha challenging his disqualification from membership of the Assembly by Speaker Francisco Sardinha.

When asked about the implication of the court order on the by-election declared by the Election Commission (EC) in his Cortalim constituency, Mr. Saldanha said that the EC would have to take cognisance of the court order. As the election was not yet notified, the question of challenging it did not arise, he said.

Reacting to the court order, Mr. Saldanha said, "I am happy because my people are happy. This is a reply to the people who were trying to make a number game," he said referring to his disqualification sought by the ruling Congress-led coalition and some of his party men.

The Speaker had disqualified Mr. Saldanha under the Tenth Schedule of the Constitution on the ground that he had violated the party whip and repeatedly voted in favour of the Bharatiya Janata Party (BJP) during the last political crisis that finally resulted in a change of government in the State.

The petition was filed by Congress MLA Jitendra Deshprabhu.

Mr. Saldanha, however, had questioned the validity of the whip as it was issued by Radharao Gracias, Working vice-president of the United Goans Democratic Party and not backed by the decision of the entire Party Presidium.

Mr. Saldanha now joins two members of the Opposition Bharatiya Janata Party (BJP) who are also allowed to sit in the house participating in the proceedings by the Supreme Court till their writ petitions challenging a High Court verdict unseating them under the People's Representation Act are disposed of.

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