SC hearing on 13 Aug
PTI
(New Delhi)
6 August 2007
The Supreme Court today issued
notice to the Goa Government on a bunch of petitions filed by BJP-led alliance
challenging the order of Speaker restraining two Opposition MLAs from voting in
the House during the 'Motion of Confidence' moved by Chief Minister Digambar Kamat.
A
Bench headed by Chief Justice K G Balakrishnan sought reply from the state government
on the allegations that the interim order of Speaker Pratapsing Rane restraining
MLAs of Maharashtrawadi Gomantak Party (MGP) was unconstitutional and undemocratic
as there was blatant violation of natural justice and fair play.
"The
proceedings in Goa Assembly was complete roughshod on Constitution at every stage,"
senior advocate Mukul Rohatgi, appearing for BJP-led Goa Democratic Alliance (GDA),
alleged before the Bench, also comprising Justices Tarun Chatterjee and R V Raveendran.
The case has been posted for further hearing on August 13.
Sudin Dhavalikar
and Dipak Dhavilkar, both MGP MLAs, were restrained from voting while dissident
Congress legislator Victoria Fernandes had resigned from the House.
Rohatgi
contended that the case of two MGP MLAs was not of defection as they were not
acting against the party.
"The two MLAs and their party, which earlier
supported Government in power decided not to support the Kamat government,"
he said adding that with MGP withdrawing the support, the Congress-led Government
was reduced to minority.
Rohatgi raised a question, "if the Left parties
withdraw their support to the UPA government at the Centre, can their MPs be disqualified."
The interim order of Speaker to freeze the voting rights of the two MLAs without
giving them the opportunity on the disqualification petitions filed against them
was totally illegal, he alleged.
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