D. D. Sinha, J. - (1.) Heard Mr. S.K. Kakodkar, the learned Senior Counsel assisted by Mr. M.S. Sonak and Mr. P.S. Rao, the learned Counsel for the petitioner, Mr. S.G. Aney, the learned Senior Counsel assisted by Mr. V.P. Thali and Ms. G. Pednekar, the learned Counsel for respondent No. 1, Mr. S.G. Dessai, the learned Senior Counsel assisted by Mr. S. Dessai, the leaned Counsel for respondent No. 2 and Mr. A.F. Diniz, the learned Counsel fox respondent No. 3.
(2.) The writ petition is directed against the order dated 28.02.2005 passed by the Honourable Speaker, Goa Legislative Assembly, declaring the petitioner disqualified as a Member of the House in accordance with Clause 2 of para 2 of the Xth Schedule of the Constitution of India as well under Article 161(2) of the Constitution of India.
(3.) Mr. Kakodkar, the learned Senior Counsel placed before us the following facts and circumstances which have resulted in the Speaker passing the impugned order : On 1st June, 2002, the petitioner was elected as Member of the Goa Legislative Assembly from Velim Constituency as an independent candidate. The petitioner extended support to the coalition ministry headed by Shri Manohar Parrikar (the then Chief Minister). The petitioner was a Minister in the said cabinet. The respondent No. 1 filed a petition before the Honourable Speaker under Clause (6) of the Tenth Schedule for disqualification of the petitioner under Clause 2 of Para 2 of the Tenth Schedule to the Constitution of India alleging that the petitioner became a Member of Bharatiya Janata Party ('BJP' for short).;