Judgment

S. C. AGRAWAL, J.:- These appeals are directed against the judgment of the High Court of Bombay, Panaji Bench dated May 14, 1993 in Writ Petitions Nos. 48 of 1991 and 321 of 1990. They raise questions relating to disqualification of a Member of the State Legislature under Art. 191(2) read with Tenth Schedule to the Constitution.

2. Elections for the Goa Legislative Assembly were held in November, 1989. The Assembly is composed of 40 members. After the elections the position of the parties was as under:

Congress (I) - 20

Maharashtrawadi Gomantak Party (MGP) - 18

Independents - 2

3. With the support of one independent member, the Congress (I) formed the Government. After a short time seven Members left the Congress (I) and formed the Goan Peoples Party (GPP). GPP and MGP formed a coalition Government under the banner of Progressive Democratic front (PDF). At first Churchill Alemao became the Chief Minister but later on Dr. Luis Proto Barbosa was sworn in as the Chief Minister. On December 4, 1990, MGP withdrew its support to the PDF Government and thereupon on December 6,1990, a notification was issued summoning the Assembly on December 10, 1990 and the Chief Minister, Dr. Barbosa, was required to seek a Vote of Confidence. Before the Assembly could meet Dr. Barbosa tendered his resignation as the Chief Minister on December 10, 1990 and the same was accepted. On December 10, 1990, Dr. Wilford DSouza; leader of the Congress (I) Legislature Party staked his claim to form the Government. He claimed the support of 20 Members consisting of 13 Members of the Congress (I), 4 Members of GPP and 2 Members of MGP, who would form a common front known as the Congress Democratic Front (CDF). Two Members of MGP, who were included in the CDF, were Sanjay Bandekar and Ratnakar Chopdekar, appellants in C. A. No. 3309 of 1993. Ramakant Khalap, who was the leader of the PDF claimed support of 16 Members of MGP and three Members who were formerly with GPP. The Governor submitted his report dated December 11, 1990 and taking into consideration the said report as well as other information received by him, the President of India issued a Proclamation dated December 14, 1990 under Art. 356 of the Constitution whereby the Presidents Rule was imposed in the State and the Legislative Assembly was suspended.

4. In the meanwhile, on December 10, 1990, Ramakant Khalap filed two separate petitions under Art. 191(2) of the Constitution before the Speaker of the State Legislative Assembly whereby he sought that both Bandekar and Chopdekar be disqualified as Members of the State Legislature on the ground of defection under Art. 191 (2) read with Paragraph 2(1)(a) and 2(1)(b) of the Tenth Schedule to the Constitution. By order dated December 13, 1990, the Speaker Shri Surendra Vir Sirsat, declared both these appellants as disqualified from being members of the Goa Legislative Assembly under Art. 191 (2) of the Constitution on the ground of defection as set out in Paragraph 2(1)(a) and 2 (1)(b) of the Tenth Schedule to the Constitution. Both these Members filed a writ petition (Writ Petition No. 321 of 1990) in the High Court on December 13,1990. The said writ petition was amended on December 14, 1990 to incorporate a challenge to the order dated December 13, 1990 passed by the Speaker. In the said petition an interim order was passed by the High Court staying the operation of the order dated December 13, 1990 with regard to disqualification of the said Members.

5. On January 25,1991, the Proclamation with regard to the Presidents Rule was revoked and Ravi S. Naik, appellant in C.A. No. 2904 of 1993, was sworn in as the Chief Minister. On January 25, 1991 one Dr. Kashinath G. Jhalmi belonging to the MGP filed a petition before the Speaker for disqualification of Naik on the ground of defection under Art. 191(2) read with Para 2(1)(a) of the Tenth Schedule to the Constitution. On the said petition the Speaker, Shri Sirsat, passed an order dated February 15, 199