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http://timesofindia.indiatimes.com/India/Disqualifying_Goa_MLAs_a_hasty_decision_SC/articleshow/2296451.cms
Disqualifying Goa MLAs a 'hasty' decision: SC
21 Aug 2007, 0207 hrs IST,TNN
NEW DELHI: The Supreme Court on Monday took a dim view
of the haste shown by Goa Speaker Pratapsinh Rane in
passing an interim ex-parte order restraining two MGP
MLAs from voting just before the crucial trust vote
against the Digambar Kamat government on July 30.
The two MLAs brothers Pandurang and Ramkrishna
Dhavalikar had withdrawn support from the
Congress-NCP coalition government and switched to the
Goa Democratic Alliance, led by BJP's Manohar
Parrikar, on July 26.
Before reserving judgment on the petitions filed by
the two MLAs, the court put to test the Speaker's
decision to proceed ex-parte against the two MLAs
though he preferred to issue notice to the complainant
Congress MLA. The Bench headed by Chief Justice K G
Balakrishnan, before reserving its verdict, said, "if
notice could be issued to the complainant, it could
also have been issued to the petitioner MLAs".
The Speaker's decision to proceed against the two MLAs
on the basis of a complaint from a person who did not
belong to MGP was "strange", the Bench felt. Referring
to the anti-defection law, the Bench noted that a
third person could not infer a defection happening
within a party.
It was also surprised to find that the Speaker had
decided to summon the records from the MGP office to
conclude there was no party resolution to withdraw
support to the Kamat government.
"This is strange. You do not issue notice to the party
nor its MLAs but you strangely call for the documents
which the party nor MLAs have referred to. We could
have understood if there was urgency. But you
(Speaker) pick and choose the person to whom notice is
to be issued," the Bench said.
Cip
