Lawstreet Journal

Supreme Court Issues Notice to Goa Assembly Speaker to Decide on Disqualification of MLAs

Lawstreet Journal 22 Jul 2020 7:08pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Issues Notice to Goa Assembly Speaker to Decide on Disqualification of MLAs

The Apex Court on June 16, 2020, issued a notice to the Goa Assembly Speaker on a plea by state Congress president Girish Chodankar requesting directions to decide upon the disqualification of 10 party MLAs who joined the BJP. 

These legislators had defected to BJP in July 2019 and the plea for disqualification against them was pending since August 2019. 

The petition filed against the speaker of the Legislative Assembly of Goa that has abandoned his jurisdiction and duty to decide the disqualification petition. He pleads that in Keisham Meghachandra Singh v. Hon'ble Speaker Manipur Legislative Assembly and ors, the Supreme Court held that Speaker is required to decide the petition of disqualification within a reasonable period of time and if there are no exceptional circumstances then within the period of 3 months.

He also pleaded that the aforesaid timeline as prescribed in law has been breached by the speaker. This is a flagrant violation of the principle of natural justice and rule of law as traceable to Article 14 of the Constitution of India as a result of which, the supreme court issued a notice on a plea by Maharashtrawadi Gowantak Party (MGP) leader seeking direction to Goa assembly speaker to decide on disqualification.

A bench of Chief Justice S A Bobde and Justices M R Shah and A S Bopanna sought a response from the Speaker on a writ petition filed by Goa Pradesh Congress Committee chief. Senior advocate Kapil Sibal, representing the petitioner, sought an early date of hearing in the… Continue Reading...

Tagged: Goa Assembly   Supreme Court of India  
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