Panaji (Goa): The Bombay High Court at Goa on Friday issued notices to Speaker and Pro-tem Speaker of the State Legislative assembly in a disqualification petition filed by Congress party against its former MLA and incumbent BJP Minister Vishwajit Rane.
Justice Mahesh Sonak this morning issued notices to Speaker Dr Pramod Sawant and Pro-tem Speaker Siddharat Kuncolienkar in the matter, where both are respondents.
The notices are returnable by June 7, when the matter would be heard next.
Congress party had moved High Court with a disqualification petition against Rane, seeking relief that Minister should be disqualified for being chosen as Legislator of the State Assembly for next five years (2022) or till the House is dissolved.
Meanwhile, Rane raised objection before the Court, stating that as per the Constitution, the petitioner should have first approached the Speaker of the Legislative Assembly with the disqualification plea rather than pleading before the High Court.
The arguments on the same would be continued on June 7.
The petitioner had said that by abstaining from voting in the Goa Legislative Assembly on 16.03.2017, and by voluntarily giving up his membership Partnership Firm Indian National Congress Party, Rane had automatically incurred disqualification for being a member of the House from 16.03.2017 to 15.03.2022.
“Therefore, in terms of Article 191 of the Constitution of India, he stood disqualified for being chosen as or for being a member of the Goa Legislative Assembly between this period of five years as a mandate of Article 191 of the Constitution of India,” the Congress party prayed.
The petitioners have further accused the Pro-tem Speaker of being in collusion with Rane in accepting his resignation and thereafter the latter joining BJP, of which the Pro-tem speaker is the member.
The petitioners said that Kuncolienkar had no power or authority or jurisdiction to accept the resignation Rane because he was appointed by the Goa Governor for the specific purpose of constituting Goa Legislative Assembly by considering the motion of confidence in terms of the order issued by the Supreme Court.
Team TNV
