SC disqualifies Arlekar-Mandrekar
Agencies, New Delhi
27 June 2005
Two BJP legislators on Monday ceased to be members of the
Goa assembly, with the Supreme Court refusing to extend a
stay on their disqualification order.
The court also issued notice to two Nationalist Congress
Party candidates on whose petition the Panaji bench of the
Bombay High court had disqualified Dayanand Rayu Mandrekar
and Rajendra Vishwanath Ariekar, saying the case needed to
be heard in greater detail.
Counsel Mukul Rohtagi told a vacation bench consisting of
judges DM Dharmadhikari and SH Kapadia that the stay granted
by the high court had expired on Sunday and pleaded that it
be extended.
The bench, however, said the merits of the case should be
gone into and posted the matter for further listing after
the vacation.
The Panaji bench on May 27 had set aside the election of
Mandrekar and Arlekar on the ground they were holding offices
of profit during the May 2002 assembly polls.
While Mandrekar was chairperson of the Khadi and Village
Industries Board, Arlekar was chief of the Goa State Scheduled
Castes and Other Backward Classes Finance and Development
Corporation.
In their petition in the Supreme Court, the two BJP leaders
said the high court had erred as it had failed to consider
that for an office of profit, it was essential that remuneration
or any benefit involving an element of profit or pecuniary
gain should be attached to the office.
They pointed out that they were not entitled to these benefits.
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