The Hindu : National : MLAs’ petitions not maintainable: counsel

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Saturday, Aug 18, 2007
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MLAs’ petitions not maintainable: counsel

Legal Correspondent

NEW DELHI: Goa Assembly Speaker Pratapsinh Rane and Chief Minister Digambar Kamat on Friday questioned the maintainability of the petitions filed in the Supreme Court by Pandurang alias Deepak Dhavalikar and Sudin Dhavalikar of the Maharashtrawadi Gomantak Party (MGP), and the Goa Democratic Alliance (GDA), seeking a direction for a fresh floor test to decide the majority of Mr. Kamat. The two MLAs had also challenged the Speaker’s order, disallowing them to vote in the floor test of July 30, and sought an interim stay of its operation. On August 6, the court issued notice to the Speaker, the Chief Minister and others.

Senior counsel K. Parasaran, Harish Salve and T.R. Andhyarujina, appearing for the respondents, argued before a Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran that the petitions were not maintainable and that the petitioners should be directed to approach the Bombay High Court for any relief.

However, senior counsel Mukul Rohatgi, appearing for the petitioners, said: “Since the proceedings in the Goa Assembly on July 30 were an assault on democracy, the petitioners could come directly to the Supreme Court.”

He cited various instances when the apex court had intervened when Speakers actions were challenged. As the Speaker exercised quasi judicial functions, the orders passed by him could be challenged directly in the apex court.

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