http://timesofindia.indiatimes.com/articleshow/1132519.cms

Goa bypoll result tomorrow SANJAY BANERJEE

TIMES NEWS NETWORK[ SATURDAY, JUNE 04, 2005 08:08:42 PM ]

PANAJI: The counting of votes of the byelection to the five assembly constituencies in Goa will be held on Sunday. Around 67 per cent of the electorate had cast their franchise on Thursday. There is expectation that the president's rule will be revoked and the house kept under suspended animation will be restored for the formation of a government.

The by election is crucial for both the congress and the BJP as they are tied at 17 each (with their allies) in the assembly. The strength of the house is 40 but as one independent member was disqualified, the effective strength is 39. In a 40-member house, 21 is required for a simple majority. The BJP that has 16 MLAs though is little tentative about its figures as a judgement on May 27 by the Goa bench of Bombay high court set aside the assembly election held in 2002 for two of its members. The rival NCP candidates had filed a disqualification petition against the two BJP members on grounds that they held office of profit. The BJP has said that it would appeal to the Supreme Court.

A question that arises in wake of the numbers game is whether the assembly would be restored. At present one independent member, Filipe Neri Rodrigues, who supports the congress is contesting the decision of a former Speaker to disqualify him on February 2 when the erstwhile BJP government led by Manohar Parrikar sought the vote of confidence. Rodrigues was said to have violated the provision of 10th schedule as he had joined the BJP. But later the central forensic science laboratory in Hyderabad confirmed the claim of the Rodrigues that the signature on the BJP membership form was forged. The case is before the court.

Regarding the setting aside of election of two BJP MLAs, Justice N A Britto said "Considering the totality of the of the facts of the case at hand including that at present the legislative assembly of Goa is under suspended animation, I'm of the view that the judgement of the court ought to be stayed for a period of 30 days to enable the respondent to appeal to the Supreme Court and this without any conditions. The petitioner will be at liberty to apply afresh to this court for modification of this order if permissible under law in case the proclamation under article 356 of the Constitution is revoked."

The congress says that it is absolutely sure of the house being restored and also rubbishes the claim of the BJP to form the government. "We are already 17 and would win all the five seats or maybe four of them," the party leaders affirm. The Congress contested four seats and supported the NCP in one constituency in the bypoll.

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