SHRI MATANHY SALDANHA Vs. JITENDAR DESHPRABHU

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has challenged order dated 09.08.2005 passed by respondent no.2-Speaker of the Goa Legislative Assembly, disqualifying the petitioner being a Member of the Goa Legislative assembly under Rule 2 (1) (a) and 2(1) (b) of the Tenth Schedule of the Constitution of India. At the relevant time, the petitioner was a Member of Legislative Assembly of Goa from Cortalim. As a result of political manoeuvre, the then Government headed by Mr. Manohar Parrikar as Chief Minister belonging to the Bhartiya Janata Party (BJP) was said to have lost majority in the House after resignation of a Minister and four Members of Legislative Assembly of the United Goan Democratic Party (UGDP), the Governor of Goa summoned the House on 02.02.2005, to enable the Chief Minister Mr. Parrikar to take a Vote of Confidence in the House. At that time, the petitioner was the lone Member of Legislative Assembly of the UGDP in the House and was said to have acted contrary to the decision of the party by supporting the Parrikar Government as claimed by him in his letter dated 31.01.2005 addressed to the Governor of Goa. A disqualification petition No. 3/2005 was moved by the respondent- Jeetendra Deshprabhu seeking disqualification of the petitioner from the membership of the House on the ground that he voluntarily given up the membership of the party and that he has voted contrary to the party whip.

(3.) The petitioner filed a reply to the petition. Respondent no.1-Deshprabhu did not lead any evidence or examine any witness. On 04.08.2005, the petitioner filed about six applications, which included; (a) application to the Speaker that he himself recuse on the ground of bias; (b) for production of documents; (c) for summons to one Radharao Gracias for cross-examination since his affidavit was relied on by Mr. Deshprabhu; (d) application for time to lead evidence; (e) application for examining witnesses, who were present on the date and (f) application for filing the affidavit of Smt. Auda Viegas, one of the witnesses and member of the UGDP. The Speaker dismissed in all five applications of the petitioner without giving any reasons. However, took the affidavit of Smt. Auda Viegas on record where she stated that she had attended each and every meeting of the UGDP and in none of the meetings of the Presidium, any whip was ever discussed nor that the Secretary General Mr. Anacleto Viegas was authorized to issue the whip. Eventually, after arguments, on 09.08.2005, the impugned order was passed and the petitioner was restrained from exercising his rights as Member of Legislative Assembly in the House. The petitioner has questioned the said order by way of present petition.