N.A. BRITTO, J.:- The applicants herein who are accused in Crime No. 15/2005 which was initially registered under Sections 465,468, 471 r/w 34, I.P.C. at Porvorim Police Station, have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Code, for short) to challenge the common Order dated 15-10-2005 of the learned Additional Sessions Judge, Mapusa, cancelling the anticipatory bail granted to them by Order dated 7-3-2005.

2. The applicant Sadanand Shet Tanavade is a MLA from Tivim Constituency. The applicant Satish Dhond is the General Secretary (Organisation) of the Goa Unit of Bharatiya Janata Party (BJP). The said crime came to be registered upon a complaint filed by Filipe Neri Rodrigues, a MLA from Velim Constituency. The said crime was registered against the applicants herein and one Rajendra Ganu who works in the Office of BJP at Panaji.

3. It is necessary to refer briefly to the facts leading to the filing of the said complaint/first information report by the said Filipe Neri Rodrigues.

4. After the Assembly Elections of 1-6-2002. Government was formed by a coalition led by ShrL Manohar Parrikar, and as on 28-1-2005 the position of parties in the Goa Legislative Assembly was as follows: BJP-21, Congress-15, UDGP-I who was supporting the BJP, MGP-I who was supporting the BJP. NCPI and Independent-I, namely the said Filipe Neri Rodrigues. On 29-1-2005 four MLA's of BJP tendered their resignations. The said Filipe Ned Rodrigues resigned from the Cabinet and withdrew support to BJP. So did Ramkrishna Dhavlikar of MGP and as a result the Ministry headed by Shri. Parrikar was reduced to minority. The said Filipe Neri Rodrigues declared his support to the Congress. The Ministry headed by Parrikar having been reduced to minority, His Excellency the Governor directed Shri. Parrikar to take a vote of confidence on the floor of the House on 2-22005.

5. Two disqualification petitions dated 29-1-2005 came to be filed against the said Filipe Neri Rodrigues. The first was filed by Shri. Rajesh Patnekar, a BJP MLA, on the allegation that the said Filipe Ned Rodrigues had joined Congress and the second was filed by the applicant/Sadanand Shet Tanavade on the allegation that the said Filipe Neri Rodrigues had joined the BJP in October, 2002. The Second Disqualification Petition No.212005 dated 29-1-2005 was presented to the Speaker in the evening of 1-2-2005 and after a public notice was issued to the said Filipe Neri Rodrigues, the said Filipe Neri Rodrigues put up his appearance through his lawyer on 2-22005 and sought time but the Hon'ble Speaker was pleased to give him time till 12 noon of 22-2005. On the same day i.e. 2-2-2005 whilst the Assembly Session was in progress the said Filipe Neri Rodrigues was marshalled out of the House by the Speaker quoting Rule 289 in order to prevent him from voting. On 2-2-2005 the Government led by Shri. Manohar Parrikar had the strength of 17 MLA's including MLA from UDGP minus 1 being the Speaker as against the strength of Congress of 18 MLA's including 1 from MGP, 1 from NCP and 1 Independent. On the Same day, the Government headed by Shri. Parrikar was dismissed by His Excellency, the Governor who also swore in Shri. Pratap Singh Rane as the Chief Minister and directed him to take a vote of confidence by 28-2-2005.

6. On 15-2-2005 the applicant/ Sadanand Shet Tanavade filed an application in the said disqualification petition before the Speaker, for relying upon the Primary Membership Form - being form No.21989 alleged to have been signed by the said Filipe Neri Rodrigues.

7. On 16-2-2005 the complainant/Filipe Neri Rodrigues lodged a complaint against the applicants, BJP Office Bearers and unknown persons complaining that the said Primary Membership Form was a forged document and pursuant to the said FIR that the said crime came to be registered against the applicants and the said Rajendra Ganu under Sections 465, 468, 471 r/w 34, I.P.C. On 18-22005 the P

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