The High Court by its judgment under appeal dismissed the writ petition.
324 of 1990, rejecting appellants challenge to the order dated 14th December, 1990, of the Speaker of the Legislative Assembly of Goa, made under the provisions of the Tenth Schedule to the Constitution disqualifying the appellant from membership of the Assembly on grounds of defection.
Appellant was elected as member of the Legislative Assembly of Goa on the 26th November, 1989 as a candidate of the Congress I political party.
On 25th March, 1990 the resignation was accepted by the Congress I party.
This appeal, by special leave, arises out of and is directed against the judgment and order dated 18 12 1990 of the High Court of Bombay, Goa Bench at Panaji in Writ Petition No.
The Legislative Assembly acting under Paragraph 6 of the Tenth Schedule referred the decision on the question whether the appellant was so disqualified or number to a member of the House elected in that behalf sic .
On 22nd January, 1990 he was elected Speaker of the House.
On 28th March, 1990, the fourth respondent, another Member of the House, filed a petition alleging that the appellant had incurred the disqualification from the membership of the Legislative Assembly under the Tenth Schedule of the Constitution and that appellant, accordingly, be so disqualified.
However, on 24th March, 1990, appellant while holding the office of the Speaker, resigned from the Congress I party along with six other members of the said party with the avowed intention of forming a new party styled the Goan Peoples Party.
That member was a certain Dr. Kashi Nath Jalmi who, it would appear, by his order dated 14th December, 1990 found that the appellant had incurred such disqualification within the meaning of Paragraph 2 read with paragraph 6 of the Tenth Schedule and made an order disqualifying the appellant.
The matter arose out of certain proceedings initiated under the Tenth Schedule of the Constitution introduced by the Constitution 52nd Amendment Act, 1985 for the disqualification of the appellant, Dr. Luis Proto Barbosa, who was the then Speaker of the Goa Legislative Assembly on the ground that the appellant had voluntarily resigned from the membership of the political party otherwise than under circumstances which would attract the exemption under paragraph 5 of the Tenth Schedule.
We have heard Shri P. H. Parekh, learned Counsel for the appellant and Shri Sharma for the companytesting respondents.
The legality of the proceedings culminating in this order of disqualification was assailed before the High Court in the writ petition.
