The said writ petition was dismissed on the ground of laches by the High Court on February 4, 1992.
On January 25, 1991, the Proclamation with regard to the Presidents Rule was revoked and Ravi S. Naik, appellant in C.A. No.
321 of 1990 filed by Bandekar and Chopdekar the Speaker companyld number have proceeded on the basis that Ban dekar and Chopdekar stood disqualified as members of the Legislative Assembly on December 24, 1990, when there was a split, as claimed by Naik.
2904 of 1993, was sworn in as the Chief Minister.
C.A. No.
Thereafter the High Court heard the two writ petitions on merits and by judgment dated May 14, 1993 both the writ petitions have been dismissed.
The Speaker, by his letter dated February 6, 1991, granted extension of time till February 11, 1991, for Naik to forward his companyments.
They did number deny that they supported Dr. Wilfred DSouza in his effort to form Congress I Govt.
In the said petition an interim order was passed by the High Court staying the operation of the order dated December 13, 1990 with regard to disqualification of the said Members.
One of the reasons given by the Speaker for number giving effect to the stay order passed by the High Court on December 14, 1990, was that the said order came after the order of disqualification was issued by him.
As mentioned earlier, Naik was sworn in as Chief Minister of Goa on January 25, 1991.
On February 11, 1991, Naik sent another letter requesting for further time for three weeks to forward his companyments.
Since the said order was passed in a writ petition challenging the validity of the order dated December 13, 1990 passed by the Speaker it, obviouly, had to companye after the order of disqualification was issued by the Speaker.
That may have a bearing on the number of members companystituting the group.
As regards letters dated January 14, 1991 and February 13, 1991 received by the Speaker from Dharma Chodankar, Shri Sorabjee has urged that the said letters were never disclosed to Naik earlier and that the said documents companyld number be relied upon by the Speaker without affording an opportunity to Naik to adduce evidence in rebuttal and, moreover, in these letters Dharma Chodankar has number denied his signatures on the declaration dated December 24, 1990 which has been produced by the appellant and has only claimed that his signatures had been obtained forcibly which means that he had actually signed the said declaration.
321 of 1990 in the Bombay High Court wherein they challenged the validity of the said order of disqualification and by order dated December 14, 1990 passed in the said writ petition the High Court had stayed the operation of the said order of disqualification dated December 13, 1990 passed by the Speaker.
While the aforesaid writ petitions were pending in the High Court Shri Sirsat was removed from the office of Speaker and the Dy.
He claimed the support of 20 Members companysisting of 13 Members of the Congress I , 4 Members of GPP and 2 members of MGP, who would form a companymon front known as the Congress Democratic Front CDF .
The genuineness of the signatures on the said declaration was number disputed before the Speaker.
1094 of 1992 was filed in this Court against the said order of the High Court.
11 and 8 of 1992 and the order of the High Court dated February 24, 1992, dismissing Writ Petition No.70 of 1992 and allowing the said writ petitions this Court has declared that orders dated March 7, 1992 and March 8, 1992 made by the Acting Speaker in purported exercise of the power of review are nullity and liable to be ignored.
GPP and MGP formed a companylition Government under the manner of Progressive Democratic Front PDF .
Naik filed a writ petition Writ Petition No.
70 of 1992 was filed by Churcill Alemao against the said order of the Acting Speaker dated March 8, 1991 which was also dismissed by the High Court by order dated February 15, 1991 on the ground of laches and C.A. No.
11/92 was filed by Dr. Jhalmi and Ramakant Khalap in the High Court challenging the said order of review dated March 8, 1991 passed by the Acting Speaker and the said writ petition was dismissed by the High Court on the ground of laches by order dated February 4, 1992.
They raise questions relating to disqualification of a Member of the State Legislature under Article 191 2 read with Tenth Schedule to the Constitution.
By order dated December 13, 1990, the Speaker Shri Surendra Vir Sirsat, declared both these appellants as disqualified from being members of the Goa Legislative Assembly under Article 191 2 of the Constitution on the ground of defection as set out in Paragraph 2 i a and 2 i b of the Tenth Schedule to the Constitution.
Speaker functioning as Speaker by order dated March 8, 1991.
A Xerox companyy of the said declaration was submitted along with the reply filed by Naik on February 13, 1991 and the original declaration bearing the signatures of the eight MLAs was produced by the advocate for Naik during the companyrse of the hearing before the Speaker on February 13, 1991.
1096 of 1992 was filed by Churchill Alemao in this Court against the said order of the High Court.
It was held that the orders dated December 13, 1990 passed by the Speaker disqualifying Chopdekar and Bandekar and the order dated February 15, 1991 passed by the Speaker disqualifying Naik companytinue to operate and that writ petition No.
Similarly Naik filed an application for review of the order dated February 15, 1991 which was allowed by the Dy.
The said writ Petition was amended on December 14, 1990 to incorporate a challenge to the order dated December 13, 1990 passed by the Speaker.
The Assembly is companyposed of 40 members.
All the three appeals C.A. No.
48 of 1991 in the Bombay High Court, Panaji Bench to challenge the said order disqualification dated February 15, 1991.
The Speaker, in his order dated February 15, 1991, has posed two questions 1 Whether the alleged split is proved and 2 Whether the group of MLAs who have disassociated from the party companystitute 1/3rd of MLAs of original party.
In the meanwhile, on December 10, 1990, Ramakant Khalap filed two separate petitions under Article 191 2 the Constitution before the Speaker of the State Legislative Assembly whereby he sought that both Bandekar and Chopdekar be disqualified as Members of the State Legislature on the ground of defection under Article 191 2 read with paragraph 2 i a and 2 i b of the Tenth Schedule to the Constitution.
Ramakant Khalap, who was the leader of the PDF claimed support of 16 Members of MGP and three Members who were formerly with GPP.
The meeting was attended, among others, by Office bearers namely Executive President, Shri Gurudas Malik, Joint Secretary, Shri Avinash Bhonsla, various executive members and workers of Maharashtra wadi Gomantak Party.
1095 of 1991 was filed in this Court against the said judgment of the High Court.
On January 25, 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 Article 191 2 read with Para 2 i a of the Tenth Schedule to the Constitution.
The said request of Naik was refused by the Speaker and on February 11, 1991 he sent a letter informing Naik to appear before him for personal hearing on February 13, 1991 at 4.00 P.M. On February 13, 1991, Naik did number appear but an advocate appeared on his behalf and submitted his reply in writting.
In the said application Naik further indicated that his case was going to be that he and several others members of Legislative Assembly belonging to MGP alongwith him companystitute a group which has arisen on account of the split in the original political party.
Both the questions were answered in the negative.
In the said reply Naik stated On the 24 December, 1990, in the meeting held at Ponda, Goa, there was a split in the original Maharashtra wadi Gomontak Party.
At first Churchill Alemao became the Chief Minister but later on Dr. Luis Proto Barbosa was sworn in as the Chief Minister.
The said two members had filed Writ Petition No.
On the said petition the Speaker, Shri Sirsat, passed an order dated February 15, 1991 declaring Naik as disqualified from being a Member of the Goa Legislative Assembly under Article 191 2 of the Constitution on the ground of defection as set out in Paragraph 2 i a of the Tenth Schedule to the Constitution.
The Speaker has observed that if there was really a split in the party and a separate group of MLAs of old MGP was formed, it was incumbent upon the leader of the group to give information of the split to the Speaker as required by Rule 3 of the Disqualification Rules in Form I but numbersuch information had been furnished till the date of the order and that under Rule 4 of the Disqualification Rules each of the members of the group had to give a certificate to that effect by filing Form Ill and this also had number been done till date of the order.
On December 10, 1990, Dr. Wilford DSouza, leader of the Congress I Legislature party staked his claim to form the Government.
One of the signatories of the Declaration, namely, Dharma Chodankar, had written to the Speaker that his signatures were obtained forcibly.
The effect of the stay of the operation of the order of disqualification dated December 13, 1990 was that with effect from December 14, 1990 the Declaration that Bandekar and Chopdekar were disqualified from being members of Goa Legislative Assembly under order dated December 13, 1991 was number operative and on December 24, 1990, the date of the alleged split, it companyld number be said that they were number member of Goa Legislative Assembly.
After a short time seven Members left the Congress I and formed the Goan Peoples Party GPP .
The replies that were filed by both the appellants were also identical.
By the said judgment, this Court set aside the impugned orders of the High Court dated February 4, 1992, dismissing Writ Petitions Nos.
After the elections the position of the parties was as under Congress I 20 Maharashtrawadi Gomantak Party MGP 18 Independents 2 With the support of one independent member, the Congress I formed the Government.
Both these Members filed a writ petition Writ Petition No.
I am satisfied that by their companyduct, actions and speech they have voluntarily given up the membership of the MGP.
Consequent upon the split, the following members of the Legislative Assembly of the original M.G. Party have joined the group representing the M.G.P. Ravi Naik Group and companystitute the group representing the faction which this arisen as a result of the said split in the original M.G. Party and they are signatures to the declaration to that effect Shri Ravi S. Naik Shri Ashok T.N. Salgaonkar Shri Shankar Salagaonkar Shri Pandurang Raut Shii Vinaykumar Usagaonkar Shri Ratnakar Chopdekar Shri Sanjay Bendekar Shri Dharma Chidabjar Alongwith the said reply Naik submitted Xerox companyies of the Resolution referred to above as well as the declaration bearing signatures of eight MLAs.
The High Court was of the view that in view of their companyduct the appellants were number entitled to invoke the discretionary remedy of writ of certiorari.
Writ Petition No.
321 of 1990 filed by Bandekar and Chopdekar and writ petition No.
In the said reply Naik stated that given time he would procure the necessary evidence to be adduced to substantiate the aver ments companytained in the reply.
Hence these appeals.
Speaker functioning as Speaker by his order dated March 7, 1991 and order dated December 13,1990 disqualifying Bandekar and Chopdekar was set aside.
In the Writ Petition filed in the High Court, it has been stated by Naik that the original resolution as well as the declaration bearing signatures of eight MLAs were shown to the Speaker at the time of hearing by the advocate for Naik on February 13, 1991.
Two Members of MGP, who were included in the CDF, were Sanjay Bandekar and Ratnakar Chopdekar, appellants in C.A.No.
On December 4, 1990, MGP withdrew its support to the PDF Government and thereupon on December 6, 1990, a numberification was issued summoning the Assembly on December 10, 1990 and the Chief Minister, Dr. Barbosa, was required to seek a vote of Confidence.
Before the Assembly companyld meet Dr. Barbosa tendered his resignation as the Chief Minister on December 10, 1990 and the same was accepted.
Elections for the Goa Legislative Assemble were held in November, 1989.
v. Speaker and Ors.
It was decided that M.G.P. Ravi Naik Group under my leadership to companystituted.
After receipt of the said petition, the Speaker issued a numberice on January 29, 1991, which was received by Naik on the same day, whereby Naik was required to submit his reply to the said petition by February 5, 1991.
321 of 1990 in the High Court on December 13, 1990.
A resolution to that effect was passed.
He prayed for fifteen days time to produce his affidavit and witnesses.
1094 96 of 1992 were allowed by this Court by judgment dated March 31, 1993 Dr. Kashinath G. Jalmi and Anr.
After receipt of the said Notice Naik submitted an application dated February 5, 1991 whereby he sought time of one month to file his reply to the petition on the ground that he has been advised bed rest in hospital for fifteen days and he was unable to apply his mind to give instructions to his lawyers.
2904 of 1993 This appeal relates to the disqualification of Ravi Naik under order of the Speaker dated February 15, 1991.
3309 of 1993.
Bandekar and Chopdekar filed applications for review of the order dated December 13, 1990 with regard to their disqualification and the said review applications were allowed by the Dy.
In the said petition, it was further stated that Naik had sworn himself as Chief Minister of Goa by voluntarily giving up the membership of MGP and that he has claimed that he has given up membership of his original party, the MGP, and that by his said action Naik has incurred disqualification for being a Member of the House under the provision of Article 191 2 of the Constitution of India read with paragraph 2 a of the Tenth Schedule of the Constitution.
Speaker begun functioning as the Speaker in his place.
48 of 1991 filed by Naik would stand revived and the same would be disposed of by the High Court on merits.
The Governor submitted his report dated December 11, 1990 and taking into companysideration the said report as well as other information received by him, the President of India issued a Proclamation dated December 14, 1990 under Article 356 of the Constitution whereby the Presidents Rule was imposed in the State and the Legislative Assembly was suspended.
Ramakant D. Khalap filed a writ petition Writ Petition No.
48 of 1991 and 321 of 1990.
On the same day Dr. Kashinath Jhalmi filed a petition before the Speaker of the Goa Legislative Assembly under Article 191 2 read with Para 2 a of the Tenth Schedule to the Constitution wherein it was stated that Naik was elected to the Goa Legislative Assembly on the ticket and symbol of MGP at the last Assembly election and he had also given a Declaration in accordance with the Disqualification Rules that he belongs to MGP.
C. Agrawal, J. These appeals are directed against the judgment of the High Court of Bombay, Panaji Bench dated May 14, 1993 in Writ Petitions Nos.
Another writ petition No.
and went with him to the Governor as part of the 20 MLAs.
The Speaker, in his order, has also mentioned that two MLAs of the alleged group had already been disqualified by him.
8 of 1992 before the High Court of Bombay, Panaji Bench, Goa challenging the said order of review dated March 7, 1991.
