S. A. BOBDE, J. :- Heard learned counsel for the parties.

2. The petitioner has challenged order dated 09.08.2005 passed by respondent no.2-Speaker of the Goa Legislative Assembly, disqualifying the petitioner being a Member of the Goa Legislative assembly under Rule 2 (1) (a) and 2(1) (b) of the Tenth Schedule of the Constitution of India. At the relevant time, the petitioner was a Member of Legislative Assembly of Go a from Cortalim. As a result of political manoeuvre, the then Government headed by Mr. Manohar Parrikar as Chief Minister belonging to the Bhartiya Janata Party (BJP) was said to have lost majority in the House after resignation of a Minister and four Members of Legislative Assembly of the United Goan Democratic Party (UGDP), the Governor of Goa summoned the House on 02.02.2005, to cnable the Chief Minister Mr. Parrikar to take a Vote of Confidence in the House. At that time, the petitioner was the lone Member of Legislative Assembly of the UGDP in the House and was said to have acted contrary to the dccision of the party by supporting the Parrikar Government as claimed by him in his letter dated 31.01.2005 addressed to the Governor of Goa. A disqualification