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Sorabji-Nariman to fight over MGP petition

Sandesh Prabhudesai
1 August 2007

The Supreme Court will hear on 6 August the petitions filed by the Maharashtrawadi Gomantak Party and the Bharatiya Janata Party, challenging the order of the Goa assembly speaker to restrain two MGP MLAs from voting in the House on 30 July.

Speaker Pratapsing Rane had restrained Sudin and Dipak Dhavalikar as well as Congress MLA Victoria Fernandes from taking part in the proceedings of the House or vote, before the trust vote was moved by chief minister Digambar Kamat.

Due to this, the strength of the Goa Democratic Alliance led by BJP leader Manohar Parrikar had reduced to 18, against the Congress-led alliance of 18, excluding the speaker.

The trust vote was then passed by voice vote.

The petitions seeking stay of Speakers July 30 interim order were mentioned by senior advocate Mukul Rohatgi before a Bench headed by Chief Justice K G Balakrishnan.

Senior advocate Fali S Nariman, who was present in the court said he would be appearing for the Speaker.

Senior lawyer Soli Sorabji is also likely to appear for the petitioners.

The petitions filed by the MGP and BJP MLAs has alleged that the interim order of Speaker was unconstitutional and undemocratic as there was blatant violation of natural justice and fair play.

They said the order was passed on the disqualification petition filed by Congresss MLA Agnelo Fernandes against the MLAs who had decided to support the BJP-led Goa Democratic Alliance by Congress MLA Agnelo Fernandes.

The MLAs contended that the Speaker's order requires to be set aside as they were not even served with the copies of the disqualification.

They have also questioned the Speakers decision to hold voice vote on the Motion of Confidence.

The petitions moved in this regard have sought a stay on the speaker's order and also a direction for holding a fresh floor test.

The petitions were filed today morning.

(With PTI inputs)

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