Case Note & Summary
The petitioner, Shri Matanhy Saldanha, was a Member of the Goa Legislative Assembly from Cortalim, belonging to the United Goan Democratic Party (UGDP). In 2005, the BJP-led government under Chief Minister Manohar Parrikar faced a confidence vote after losing majority due to resignations. The petitioner, the lone UGDP MLA, wrote to the Governor on 31.01.2005 expressing support for the Parrikar government, contrary to his party's decision. Respondent no.1, Shri Jitendar Deshprabhu, filed a disqualification petition (No. 3/2005) under the Tenth Schedule, alleging that the petitioner voluntarily gave up party membership and voted against the party whip. The petitioner filed a reply and several applications on 04.08.2005, including for the Speaker to recuse on grounds of bias, production of documents, and cross-examination of a witness. The Speaker rejected these applications and passed an order on 09.08.2005 disqualifying the petitioner under Rule 2(1)(a) and 2(1)(b) of the Tenth Schedule. The petitioner challenged this order in the High Court. The court heard arguments from both sides. The petitioner contended that the Speaker was biased and denied him natural justice. The respondents argued that the petitioner was given adequate opportunity. The High Court upheld the Speaker's order, finding that the petitioner's actions clearly amounted to voluntarily giving up party membership and voting contrary to the whip, and that the Speaker's decision was not vitiated by any procedural irregularity. The petition was dismissed.
Headnote
A) Constitutional Law - Tenth Schedule - Disqualification - Voluntary Giving Up Membership - The petitioner, a lone MLA of UGDP, supported the BJP government contrary to party decision, leading to disqualification petition under Tenth Schedule. The Speaker disqualified him under Rule 2(1)(a) and 2(1)(b). The High Court upheld the disqualification, holding that the petitioner's actions amounted to voluntarily giving up party membership and voting contrary to whip. (Paras 1-3) B) Natural Justice - Disqualification Proceedings - Opportunity of Hearing - The petitioner filed applications for recusal, production of documents, and cross-examination. The Speaker rejected them. The High Court found that the petitioner was given sufficient opportunity and the Speaker's decision was not vitiated by bias or procedural irregularity. (Paras 3-4)
Issue of Consideration
Whether the Speaker's order disqualifying the petitioner under Rule 2(1)(a) and 2(1)(b) of the Tenth Schedule of the Constitution is valid and whether the petitioner was afforded adequate opportunity to defend himself.
Final Decision
The High Court dismissed the writ petition, upholding the Speaker's order disqualifying the petitioner under Rule 2(1)(a) and 2(1)(b) of the Tenth Schedule.
Law Points
- Disqualification under Tenth Schedule
- Voluntary giving up party membership
- Voting contrary to party whip
- Speaker's power to disqualify
- Natural justice in disqualification proceedings
