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Official G'overnment Of' Goa ED. GOA.61_ Panaji, 7th February, 1991 (Magha 18,1912) SERIES II No. 45 OFFICIAL G'OVERNMENT OF' GOA , EXTRf\O~DIN"RY cedure, 1908 (Central Act 5 of 1908) fo~ the verification of GOVERNMENT OF GOA pleadings: Besides, the petitioner has filed the petition after the lapse of considerable time of more than seven months legislature Depa'rtment after the Members have tendered their l"esignation from the primary memberships of the Party i.e. Indian National Congress-I. I am aware that the people from every nool, and corner No. LAI A/3024/1991 want that I should go into the merits of this petition and preserve the democratic values in view of the present political The followlng decision d,~ted 6th February, 1991 of the Speaker of Legislative Asstmhly of State of Goa given und0r situation in G:oa. How~ver, failure on the part of the petitioner to comply with the basic requirement of Rule 6(6) prevents Rule 7(2) of the Members of Goa Legislative Assembly (D~,.. qualification on ground of] )efection) Rules, 1986 framed .me from going into the merits of the petition. under the Tenth Schedule of the Constitution of India is Since'the petition of Shri Mohan Ams;~ekar, h8J.s not com­ hereby notified and published. plied with the :requirement of Rule 6(6), this petition has to "In the matter of petition filed by Shri be dismissed in accordance with Rule 7(2). Mohan Arllshekar, MLA against Dr. Luis P. Barbosa, S/Shri, Churchill Alemao, Joao The petition is therefore dismissed. Baptista (~onsalves, Somnath Zuwarkal', The petitioner to· be informed. Luis' Ale}; Cardozo, Miss Fal'l1eI Freda Furtado a.nd Shri Mauvin Godinho, MLAs. Sd/- (SURENDRA v. SmSAT) O,der Dated: 6th li'ebruary, 1991. Spea:ker Shri Mohan Amshekar, MLA of Maharashtvawadi Goman­ To: tak Party has filed the petition under the Tenth Schedule to the COllBtitution of India against Dr. Luis Proto Barbosa, 1) Dr. Luis Proto Barbosa, Shri Churchill Alemao, Shri Joao Baptist Gonsalves, 2) Sh;ri Churchill Alemao, MLA. Shri Somnath Zuwarkar, Shri Luis Alex Cardozo, Miss Farrel 3) Shri Joao Ba.ptist Gonsalves, MLA. Freda Fi.:rtado and Shri MaHvin Godinho, MLAs to be dis­ qualified for defection. 4) Shr1 Somnath Zuwarkar, ML~\'. 5) Shri Luis Alex Cardozo,_ M.L.A. Under the provisions of the Members of GQa Legislative 6) Miss Farrel Furtado, MLA. AssetQbly (Disqualification on ground of Defection) Rules, D86 the petition has to comply with the requirements con­ 7) Shri Mauvin Codinho, MLA. tained it] Rule 6(6), according to which every petition has 8) Shri Mohan Amshcl{ar, MLA to be signed by the petitioner and verified in the manner 9) Dr. 'Wilfred D'Souza, Leader of 0pPo3it.ioll. land down in the Code of Civil Procedure, 1908 (Central 10) Secretary, Chief Election Commission of India. New Act 5 of 1908) for verificaUoD. of pleadings. DelhI. r Rule 7 (2) provides that if the petition does not comply 11) Chief Secretary, Government of Goa, Pimaji-Gm: with the requirements of Rule 6, the Speaker shall dismiss 12) Seoretary to Governor, Goa. the petition and intimate the petitioner accordingly. Copy to: I would not lrarve be_en inclined to dismiss this' oefiUon The Chief Minister of Goa. Panaji Goa". merely on the technical ground of non-verification but the Rule-7(2) of the :r.,.lembers of Goa Legislative Assembly ASSEMBLY HALL M. M. NAIK (Disqualification 'on Ground of Defection) Rules, 1986 makes PANAJI-GOA Secretary to the it essential that ! should dismiss this petition since it is not 6TH FEBRUARY, 1991. Legislative Assembly verifiea in the manner laid down in the Code of _Civil Pro- of the State of Goa GOVT. PRINTING PRESS -- GO! (Imprensa Nacional- Goa) PRICE _ 0-50 Ps. .
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