Churchill-Lawrenco
are 'independents'
Sandesh Prabhudesai
14 June 2007
Churchill Alemao and Alex Reginald Lawrenco, newly elected
MLAs of the Save Goa Front, are actually independent legislators,
states Election Commission of India.
The issue came up as Lawrenco air dashed to Delhi along with
Congress MLA Mauvin Godinho. There are rumours that he has
been offered the post of deputy speaker.
Lawrenco however has refuted the rumour, while pledging to
remain with the SGF.
This has however disclosed the fact that the SGF is still
not recognised as a political party and its MLAs-elect are
almost like independents. Confirming this, Goa's chief electoral
officer Ramesh Negi however said that they have to resign
as the MLA if they wish to join another political party.
According to him, the SGF is a registered party but not a
recognised one. Thus, its MLAs are almost like independents.
Adv Cleofat Almeida Coutinho, a constitutional expert, opines
that these independents are free to support any party individually
and so called party's decision cannot bind them legally.
The provisions of disqualification apply to only those who
are allotted the party symbol. The SGF candidates were allotted
aeroplane as the symbol, which was also allotted to other
independent candidates like Vishwajeet Rane and Nirmala Sawant,
Coutinho points out.
As the SGF has polled over six per cent votes, they are now
eligible for recognition under the Representation of Peoples
Act.
However, once the SGF is recognised as a political party,
it is not clear whether both the MLAs would be considered
party legislators from the date of recognition or date of
election vis a vis the Anti Defection Act under the Tenth
schedule of the Constitution of India.
Goa, as in the past, may compel the Election Commission of
India or the courts of law, to interpret this grey area if
Lawrenco supports the Congress-led alliance.
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