S.C.AGRAWAL - (1.) THESE appeals are directed against the judgment of the High Court of Bombay, Panaji Bench dated 14/05/1993 in Writ Petitions Nos. 48 of 1991 and 321 of 1990. They raise questions relating to disqualification of a Member of the State Legislature under Art. 191(2) read with Tenth Schedule to the Constitution.
(2.) ELECTIONS for the Goa Legislative Assembly were held in November, 1989. The Assembly is composed of 40 members. After the elections the position of the parties was as under: JUDGEMENT_641_SUPP2_1994Html1.htm With the support of one independent member, the Congress (I) formed the Government. After a short time seven Members left the Congress (I) and formed the Goan People's Party (GPP). GPP and MGP formed a coalition Government under the banner of Progressive Democratic front (PDF). At first Churchill Alemao became the Chief Minister but later on Dr. Luis Proto Barbosa was sworn in as the Chief Minister. On 4/12/1990, MGP withdrew its support to the PDF Government and thereupon on 6/12/1990, a notification was issued summoning the Assembly on 10/12/1990 and the Chief Minister, Dr. Barbosa, was required to seek a Vote of Confidence. Before the Assembly could meet Dr. Barbosa tendered his resignation as the Chief Minister on 10/12/1990 and the same was accepted. On December 10, 1990, Dr. Wilford D'Souza; leader of the Congress (I) Legislature Party staked his claim to form the Government. He claimed the support of 20 Members consisting of 13 Members of the Congress (I), 4 Members of GPP and 2 Members of MGP, who would form a common front known as the Congress Democratic Front (CDF). Two Members of MGP, who were included in the CDF, were Sanjay Bandekar and Ratnakar Chopdekar, appellants in C. A. No. 3309 of 1993. Ramakant Khalap, who was the leader of the PDF claimed support of 16 Members of MGP and three Members who were formerly with GPP. The Governor submitted his report dated 11/12/1990 and taking into consideration the said report as well as other information received by him, the President of India issued a Proclamation dated 14/12/1990 under Art. 356 of the Constitution whereby the President's Rule was imposed in the State and the Legislative Assembly was suspended. In the meanwhile, on 10/12/1990, Ramakant Khalap filed two separate petitions under Art. 191(2) of the Constitution before the Speaker of the State Legislative Assembly whereby he sought that both Bandekar and Chopdekar be disqualified as Members of the State Legislature on the ground of defection under Art. 191 (2) read with Paragraph 2(1)(a) and 2(1)(b) of the Tenth Schedule to the Constitution. By order dated 13/12/1990, the Speaker Shri Surendra Vir Sirsat, declared both these appellants as disqualified from being members of the Goa Legislative Assembly under Art. 191 (2) of the Constitution on the ground of defection as set out in Paragraph 2(1)(a) and 2 (1)(b) of the Tenth Schedule to the Constitution. Both these Members filed a writ petition (Writ Petition No. 321 of 1990) in the High Court on 13/12/1990. The said writ petition was amended on 14/12/1990 to incorporate a challenge to the order dated 13/12/1990 passed by the Speaker. In the said petition an interim order was passed by the High Court staying the operation of the order dated 13/12/1990 with regard to disqualification of the said Members.
(3.) ON 25/01/1991, the Proclamation with regard to the President's Rule was revoked and Ravi S. Naik, appellant in C.A. No. 2904 of 1993, was sworn in as the Chief Minister. ON 25/01/1991 one Dr. Kashinath G. Jhalmi belonging to the MGP filed a petition before the Speaker for disqualification of Naik on the ground of defection under Art. 191(2) read with Para 2(1)(a) of the Tenth Schedule to the Constitution. ON the said petition the Speaker, Shri Sirsat, passed an order dated 15/02/1991 declaring Naik as disqualified from being a Member of the Goa Legislative Assembly under Art. 191(2) of the Constitution on the ground of defection as set out in Paragraph 2(1)(a) of the Tenth Schedule to the Constitution. Naik filed a writ petition (Writ Petition No. 48 of 1991) in the Bombay High Court, Panaji Bench to challenge the said order of disqualification dated 15/02/1991. While the aforesaid writ petitions were pending in the High Court Shri Sirsat was removed from the office of Speaker and the Dy. Speaker began functioning as the Speaker in his place. Bandekar and Chopdekar filed applications for review of the order dated 13/12/1990 with regard to their disqualification and the said review applications were allowed by the Dy. Speaker functioning as Speaker by his order dated 7/03/1991 and order dated 13/12/1990 disqualifying Bandekar and Chopdekar was set aside. Ramakant D. Khalap filed a writ petition (Writ Petition No. 8 of 1992) before the High Court of Bombay, Panaji Bench, Goa challenging the said order of review dated 7/03/1991. The said writ petition was dismissed on the ground of laches by the High Court on 4/02/1992. C.A. No. 1095 of 1991 was filed in this Court against the said judgment of the High Court. Similarly Naik filed an application for review of the order dated 15/02/1991 which was allowed by the Dy. Speaker functioning as Speaker by order dated 8/03/1991. Writ Petition No. 11 /92 was filed by Dr. Jhalmi and Ramakant Khalap in the High Court challenging the said order of review dated 8/03/1991 passed by the Acting Speaker and the said writ petition was dismissed by the High Court on the ground of laches by order dated 4/02/1992. C.A. No. 1094 of 1992 was filed in this Court against the said order of the High Court. Another writ petition (No. 70 of 1992) was filed by Churchill Alemao against the said order of the Acting Speaker dated 8/03/1991 which was also dismissed by the High Court by order dated 15/02/1991 on the ground of laches and C.A. No. 1096 of 1992 was filed by Churchill Aleman in this Court against the said order of the High Court. All the three appeals (C.A. Nos. 1994-96 of 1992 were allowed by this Court by judgment dated 31/03/1993, Dr. Kashinath G. Jalmi v. Speaker, (1993) 2 SCC 703: (1993 AIR SCW 1578). By the said judgment, this Court set aside the impugned orders of the High Court dated 4/02/1992, dismissing Writ Petitions Nos. 11 and 8 of 1992 and the order of the High Court dated 24/02/1992, dismissing Writ Petition No. 70 of 1992 and allowing the said writ petitions this Court has declared that orders dated 7/03/1992 and Marc 8/03/1992 made by the Acting Speaker in purported exercise of the power of review are nullity and liable to be ignored. It was held that the orders dated 13/12/1990 passed by the Speaker disqualifying Chopdekar and Bandekar and the order dated 15/02/1991 passed by the Speaker disqualifying Naik continue to operate and that Writ Petition No. 321 of 1990 filed by Bandekar and Chopdekar and Writ Petition No. 48 of 1991 filed by Naik would stand revived and the same would be disposed of by the High Court on merits. Thereafter the High Court heard the two writ petitions on merits and by judgment dated 14/05/1993 both the writ petitions have been dismissed. Hence these appeals.;