The High Court of Bombay at Goa on Monday issued notices in a petition challenging the recent merger of the breakaway group of the MGP into the BJP.
The notices have been issued to the state government, the assembly Speaker, Deputy Chief Minister Manohar ‘Babu’ Azgaonkar, PWD Minister ‘Deepak’ Pauskar and others.
The petition has challenged the Speaker’s order dated March 27, 2019, approving the merger of the breakaway group of the MGP into the BJP.
Petitioner Sadanand Vaigankar, a social activist, has sought disqualification of Azgaonkar and Pauskar on the ground that they have incurred disqualification under paragraph 2 of the Tenth Schedule of Constitution of India.
The petition has stated that the “petitioner is challenging the order dated March 27, 2019 passed by the Speaker of the Goa state legislative assembly, whereby in purported exercise of powers under paragraph 4 of the Tenth Schedule of Constitution of India, the Speaker approved the merger of the Maharashtrawadi Gomantak legislative party into the Bhartiya Janata Party. The impugned order is ex-facie without jurisdiction and authority of
law; void ab initio; arbitrary; illegal; perverse and is clearly done to preempt any action of disqualification being raised against respondents Azgaonkar and Pauskar. The impugned order is bad in law and is liable to be quashed and set aside. The matter is now kept for April 30, 2019.”
The petitioner has prayed in the petition that pending hearing and final disposal of the matter the court be pleased to issue a writ in the nature of mandamus or any other appropriate writ or a direction restraining respondents – Azgaonkar and Pauskar – from functioning as members of the legislative assembly and/or holding any constitutional post or office of profit.
The petitioner has said that it was widely reported that on account of differences between the MGP and the BJP regarding the manner of government formation which took place on March 19, 2019, the MGP was to withdraw the support to the government which would have affected the stability of government.
“To overcome this, the BJP engineered defection of two MLAs of the MGP, who in midnight drama tendered their papers to the Speaker, submitting that they have agreed to merge with the BJP and claimed that they constituted two third of the legislature party,” he has pleaded.
“Shockingly, the Speaker in early hours at around 2 am of March 27, 2019 was not only remained present in the legislative assembly to accept such papers but also passed an order approving the merger, clearly exceeding his constitutional powers,” the petition has added.
Source:: The Navhind Times