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Official Gazette .Government of Goa

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Official Gazette .Government of Goa REGD. GOA· 5 I PAHAJI, 22HD SEPTEMBER, 1994' {BHADRA 31, 1916} SERIES II No. 25 OFFICIAL GAZETTE .GOVERNMENT OF GOA E!XT ~ 1\0 ft [) IN" NY No.2 4. 8hri V;ictor Gonsalves, MLA Petitioner GOVERNMENT OF GOA viS. LE61SLATURESECRfTARIAT Shri Mauvin Godinho, MLA Respondent Referenc~ No. 5/92 5. Shri Victor Gonsalves, MLA Petitioner Notification vis. Shri Churchill Alemao, MLA Respondent No. LA/A/2299/1994 Reference No. 6/92 The following decision dated llIth September, lOO4ot the ~. Shri Victor GODSalve~, MLA Petitioner Speaker of Legislative Assembly'of. State of Goa given Ul).!l.er vis. Rule 8(1) of.the Members of ~ Legislative Assembly (DUt­ Smt. Farrel Furu;.do e Gracia&, MLA Respondent .qualification on grounds of _Defection) Rules. 1986 framed under the Tenth Schedule of the Constitution of India iff This Common order will dispose off six. sep'arate Petitions hel'J'by ilotif\ed and published. filed by the petitioner against' the respondents· a& the facts, circumstanceS and issues involved in all the six cases are identical. legislatiYe Assembly of Ibe Slale of G08 1. The Petitioner has filed six separate papplications against Bulletin Part· II the respondentS under Article 191(2) read with the ~_enth Schedule of the Constitution of 1~dia praying that the Res­ pondents pe decl~d as cUsqu~ed for -being Members of Thwrsd(,ty, the 15th Septern})er, 1994/25, the· Goa Legislative Assern~ly iIi view. of the_ fact th~t . Bhadra/Saka -1916, Dr. Luis ',Proto '_Barbo$a ,sta,nds disqualified as a member of the House,: consequently, the Respondents 'also 'stand The following decision dated 15th.' September, 1994 of 86. disqualified under para 2 -o~ Ute -Tenth Schedule of the the spea,ker of Legislative Assembly of State of G9a Constitution of India for.. vQluntarily' having given up his given 1,lnder Rule 8(2} of the Members of Goa Legisl~tive 'membership "'of the Indian National Congress after being AJ:!se_~1!ly (Disqualification on grounds of Defection) elected to the House on the ticket of the Indian National ~U1~sJ t98~ framed under the, ~enth Schedule o~ tlle Congress. Coiist.itutio~ of India is hereby notified and publIshed. 2. The Respondents were called upon to file their com­ "In the matter of petition filed by ments within 7. daya in accordance with the provisioll$ of 8hri. Victor Gonsalves, M. L. A. and Rule 7 of the Members of the, Goa Legislative Assembly against 6 Members of t~ Goa Legis~ (Disqualification on grDUl).da of DefeCtion) Rules 1986. lative Assembly. The Respondents vide' letter dated 13-1-1992 requested three months time to file thei!" comments but they are granted CQMMON QRDER time upto 12th 'March, 1992' to file their com:ments" Reference No. 1/92 3. On 24th March, 1990 all the al,)ove re'spondents al(;mg­ Petitioner 1.' Shri, vtcitor" . vis. qOnsalv~s, MLA with Dr. Luis Proto -Barbosa holding the office of the then. Speaker of the Goa Legislative .N;sembly submitted a letter Shri Luis Ale" Cardoz,' MLA Respondent to the President of the Goa Pradesh Congress (1) O;nnmittee at Panaji tendering the re,sPective resignation~ from the Refex:ence No.2/92 primary ,membership of the Indian National Congress (I) 2. Shri Victor Gonsalves" MLA Petitioner Party. vis. ' Sl:\ri Somnath, Zuwarker t MLA Respondent 4. The respondents also addressed letter to the theJl Go­ vernor of Goa - Shri Khursheed Alam Khan stating therein Reference No. 3/92 that thE:il{ have withdrawn. their support to Shri p. R. Rane 3. Shri Victor Gonsalves, MLA Petitioner as the Leader of the· House and Chief Minister of Goa. The . vis. Governor of Goa vide his letter dated 24-03-90 informed 'Shri J. ,B. Gonsalves, MLA Respondent Shri P. R. Rap,e stating that the above representatives -have wit,hdrawn their support to him as the Leader of the House Reference 'N9- 4/92 and Chie~ Minister of Goa and' th,ey also corifirmed this fact 324 OFFICIAL GAZE'M'E - GOVT. OF GOA SERIES II No; 25 (EXTRAORDINARY No.2) 22ND. SEPTEMBER, 1994 ,in--'writing after . personally meeting him on that day and- 7 , claim _of the, respondents that there was.a split in Congress. members have also formed a Goa -people's Party with Dr. Luis (I) Legislative ~arty constituted a Group representing a Proto Barbosa as the President after resigning fro~ primary faction which had arisen as a reSult of the said split in membership of the ;rndian National Congress (I) Party.' Congress (I) Legislative Party constituted a Graup repre­ se~ting a factian which had arisen' as a result of the' said 5. On 25th March, 1990 Shri' Eduardo Faleiro who was the split that the said group consists of not less than 1/Srd of P.resident of the Goa Pradesh .congress (I) Committee ac­ the Legisl,ature Party. cepted the resignation of aU the seven membe:rs. Both the parties filed thetr propased issues on '27-03-92 6. On 27th March, 1990 Shri Luizinho Faleiro, MLA. out of which the follawjng issues were treated as the preli- eleeted from Navelim Constituency filed a petition for dis­ min~ry issues: . qualification of Dr. L. p. Barb'bsa. The said petition was referred' to Dr. K. G. Jalmi, MLA, member elected in terms 1. Whether the respondent proves that the -petition is liable of proviso to para 6(-1) of the Tenth Schedule of the Cons­ to be dismissed in limine for laches delay and limitation . as titution of India. Dr. K. G. Jalmi by his judgement- and order the petition is filed after, almost twa years from the dat~ of dated 14-12-90 declared that Dr. L. P. 'Barbosa had become the al~eged cause of action. subject to- disqualification under para 5' of the Tenth- Sche­ dule of the Constitution of India. 2. vVhether the respondent proves' that the .petition is bar­ red, ?y re~judicata or prinCiples analogous theretO', in that a 7. 'The ~ontention cif the petitioner is that on -24-()3-90" or petItIo.n an the 'same alleged cause of action filed by Shri any time thereafter, there has not been. any split in the Dommck Fernandes, Dr. Wilfred D'Souza Shri Victor Gonsal­ Indian National Congress and -the fact has ):)een confirmed ves (the petitioner) and others, MLAs filed on 28~,{)3-90 was by the then General .Secretary' of _ ~CC, Shri H. K. 'L. dismissed by the then Speaker, Shri SUrendra V. Sirsat on Bhagat in the'letter dated 25-'04-90 addressed -to Dr. Wilfred 13-12-90. D'Souza the then Leader of, Indian National Congress- in the state Legislative Assembly. - ,S. What is the _effect or the __ withdrawal of writ'--'petitian N? 492 of 1990 filed by Dr Wilfred D'Sauza, Leader of the 8. One of -the Mfmi.bers of the state Legislative Assembly Congress (I) Legislature ~arty who had sought the res­ Shri Domnick Fernandes a-, candIdate set up by Indian .Na­ pondents's disqualification in the Supreme Court ori the same tianal Congress and elected from ,Curchorem Constituency alleged cause of action. "filed a petition against the 6'members name: Churchill Alema.o, Luis ,Alex cardoz, Somnath ZUarkar, .J. B. ,Ga~salyes, Ma\lvm' . ~. Whether the, petition fails not complYing with the pro­ Godinho and Farrel Furtado- under the provisian of the VlSIOns of the Goa Legislative Assenibly (Disqualification on Tenth Schedule of the cOnstitution' af India __ for their dis­ ~he gr@und of Defection) Rules, 1986,in that the petition and qmtlificatian. TIle said petition was~ rejected' by 'the then , Its annexures 'are not' verified in the manner' laid down in ,Bon'ble- Spealrer... of the Gaa Legislative Assembly on the the code of Civil Procedure, 1-908. technical ground~ that it, did_ not canfirm -with th_e rules of procedure under the Tenth Schedui~ o;f·-.·,the Constitution of , .V0He- arguing the issues the learned counsel Shri Agnel DmlZ an behalf of the respandents Shri Luis Alex Cardoz ~ndia. Somhath Zuwarka~,_. :'" ~:: __ Go~alves_ ;md Mauvin Godinho: ,,9. The: petitiop.er further states that .or. L, .P. Balbosa stated that accordmg to the / petitioner the cause af action al~ngwith ·6' _Members re~~W':~d ,~rom ~n~l;an N,;;tt~onal. co~g­ ar.?s: ot?- 24~{)3-99 a.n.4 the petition was filed .on ,4th January, ress after their electian and are not ~n~lt~ed to ,flaIm ~he '19:92; that' is'.alm.ost"atter two years. Fo~ this he- pointed nut benefit :of exemptiC!n under p~ovis? 3 6f ~e T,enth Schedule '~hl}_ .di.~q~alif~c~~~~ 'la~, and . qu6ted Judgeme~t of the HIgh of the Constitution of India -more so- after' Dr. L. ·P. Barbosa . 'COur~,''in this ~attex:, oli the -decision of the Speaker, Dr. has been disquaJified by the Member elected under the pro­ .Kashinat~ G. ~halmi _versu~ the-"Speaker~ 'vlso 'to' para 6'(1) -of the Tenth . Schedule of the Constitution ,of:, India' and, consequ.ently all the above re:;;pondents ,stLnds The :JU4ge-rnent T,eporteil in 1992- Bombay oaBe'Repor'teT. page 113. _ . :disqi.laUfied- under para; 2 _of" the Tenth, _,Schedule ,o~- the Cons­ titution ,of India ,for valuntarily,having given up th~~r m.el?}:­ bership of.. the Indian' NatiQnal Congress ;liter being elected Further he 'referred' to para~aph21 of tl;l,e Judgement for -,to': Ure:'House.: the purpose of issue NO.1. He stated that in the matter of representation in repr~entative body it is or" outmOst im­ , iO.'-All :the::ie~P9ri(j~n~s~-'riarriely'~:-r:.\li~ Alex ,6ardaZO,-M~U\~n' portance th~t t~e challenge must be prampt and forthwith, :"dQ(Jinho;,-":Soitmath:· Zuwa~kar,· --J.
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