SC questions speaker's ex-parte order
PTI,
New Delhi
21 August 2007
Goa Assembly Speaker's interim
order restraining two MLAs from casting votes in the confidence motion moved by
the state government came under severe scrutiny in the Supreme Court which questioned
the procedure adopted by him.
"How can the (Speaker) issue notice to
only one side and not to the two MLAs," a Bench headed by Chief Justice K
G Balakrishnan observed while expressing surprise that the two Maharashtra Gomantak
Party (MGP) members against whom disqualification petitions were filed were not
heard.
"Its a strange case where notice has been issued to the complainant,
but you did not issue notice to the MLAs who were going to be affected,"
the Bench, also comprising Justices C K Thakker and R V Raveendran said, before
reserving its verdict on the bunch of petitions moved by the BJP-led opposition
seeking fresh floor test in the House.
"You may not believe in their
(MGP MLAs) version but it is all together a different matter of not issuing notice
to them," the Bench said.
The Court's remarks came when the senior
advocate T R Andhyarujina was defending the action of the Speaker saying that
there was an urgency in passing an interim order as defection of even one or two
MLAs would have changed the complexion of the 40-member House.
Sudin Dhavalikar
and Dipak Dhavalikar, the two MGP MLAs, were restrained from voting on July 30
by Rane after they had withdrawn support from Congress-led government.
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