The Hindu : Front Page : Goa MLAs’ plea to be heard on August 6

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Thursday, Aug 02, 2007
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Goa MLAs’ plea to be heard on August 6

Legal Correspondent

“Petitions raised questions of great constitutional and public importance”

“Not given copies of disqualification petitions”
No opportunity of hearing given to us: MLAs

New Delhi: The Supreme Court will hear on August 6 petitions filed by two Goa MLAs challenging Speaker Pratapsinh Rane’s decision of disallowing them to vote in the floor test in the Assembly on July 30.

A three-judge Bench, comprising Chief Justice K.G. Balakrishnan, Justices R.R. Raveendran and Dalveer Bhandari fixed the date following a ‘mention’ by senior counsel Mukul Rohatgi for early listing of the petitions filed by Pandurang alias Deepak Dhavlikar and Sudin Dhavlikar of the Maharashtrawadi Gomantak Party.

Senior counsel Fali Nariman represented the Speaker. The petitioners said they were questioning the legality of the last minute ex parte interim order of the Speaker on the disqualification petitions presented by Agnel Fernandes, ML A.

They alleged that no opportunity of hearing was given to them and they were not even served the copies of the disqualification petitions. Congress MLA Victoria Fernandes, whose resignation was not accepted, was also not allowed to vote.

They pointed out that as ‘no-confidence motion’ was given against the Speaker and the Deputy Speaker by the Goa Democratic Alliance, comprising 20 members, it was obvious that not only the Government but also the Speaker and the Deputy Speaker would have been voted out.

Further, even the interim order restraining them from voting was announced just before the floor test began and the motion in favour of Chief Minister Digambar Kamat was declared carried by voice vote by the Speaker.

They alleged that the Speaker’s action was intended to aid and abet the continuance of a government which had demonstrably lost majority in the House.

They said the petitions raised questions of great constitutional and public importance which were fundamental to the governance to the Indian polity and the functioning of democracy and safeguarding the basic structure of the Constitution.

They sought a direction to quash the interim order of the Speaker on July 30 and to stay their operation till the disposal of the writ petitions.

A direction to the Speaker to produce all papers concerning the disqualification proceedings against them was also sought.

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