RAVI S NAIK SANJAY BANDEKAR Vs. UNION OF INDIA

JUDGEMENT

(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: <FRM>JUDGEMENT_641_SUPP2_1994Html1.htm</FRM>

(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 ON 25/01/1991, the Proclamation with regard to the President's Rule was revoked and Ravi S. Naik, appellant in C.A. No. 2904 of 1993, was sworn in as the Chief Minister.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.