http://oheraldo.in/node/9684
Order on Matanhy's salary, allowances fixed for Monday BY HERALD REPORTER PANJIM, FEB 9 — The order in respect to miscellaneous application of disqualified Cortalim MLA, Matanhy Saldanha pleading that he is entitled for salary and other allowances as an MLA will be pronounced by the High Court on Monday. Pursuant to his disqualification as an MLA in May last year, he has not been paid any salary and allowances, claimed Saldanha in his application filed before the Bombay High at Goa. The application is in addition to his main petition, which prays that order of the Speaker, Francisco Sardinha disqualifying him be quashed and set aside. While arguments in this miscellanous application concluded on Wednesday, order will be given on Monday, court said. Adv Vilas Thaly appearing on behalf of Saldanha submitted that if not salary, he is ought to have been paid other allowances like constituency allowance, which he is entitled for as an MLA. Saldanha is not paid salary and other allowances since August 2005. Adv S K Kakodkar whose help was sought by the Court as the interim order allowing Saldanha to attend the House proceedings did not spell out whether he is entitled to salary and allowances like any other MLA, pointed out that Court in its interim order in August last year, had not granted absolute stay on Speaker's order which disqualified Saldanha. He said, interim order should not be termed as absolute stay. The court allowed Saldanha to attend the House proceedings but without the right to actually participate in the proceedings. While he can seat in the House, he has no right to vote, and speak in the House, he said. Adv Kakodkar further argued that relief was granted so that petitioner does not attract disqualification under Article 195. Under Article 195 member stands to cease to be a members of the House if he fails to attend the House for a period of 60 days. And therefore, Court allowed permission to Saldanha to attend House proceeding sans right to speak and vote and it should not be considered as absolute staying on the speaker's order, he argued. -- Peace be with you! Gabe Menezes. London, England
