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2022 Supreme(Bom) 491

MANISH PITALE, R. N. LADDHA
Girish Chodankar S/o. Raya Chodankar – Appellant
Versus
Speaker, Goa Legislative Assembly, Porvorim, Goa – Respondent


Advocates Appeared:
For the Petitioners:Mr. Vivek Tankha, Senior Advocate with Mr. Sahil Tagotra and Mr. Abhijit Gosavi, Mr. Ujjwal Sharma, Mr. Athnain Naik, Mr. Tushar Saigal and Mr. Ankur Das.
For the Respondents:Mr. Devidas Pangam with Mr. Parikshit Sawant, Mr. Darius J. Khambata, Senior Advocate with Mr. Nikhil Vaze, Mr. P. Vaze and Mr. Luis Fernandes, Mr. V.R. Dhond, Mr. Prasad Dhakephalkar, Senior Advocate with Mr. Vibhav Amonkar and Mr. Sanjay Sardesai.

JUDGMENT :

Manish Pitale, J.

These two Writ Petitions challenge orders passed by the Speaker of the Goa Legislative Assembly dismissing petitions filed for disqualification of respondent Members of the Legislative Assembly. The Speaker has held that the said respondents did not invite disqualification, as the deeming fiction under paragraph 4(2) of the Tenth Schedule to the Constitution operated in their favour. The Petitioners have, inter alia, raised the question of political morality and as to whether the orders passed by the Speaker are in furtherance of the object with which the Tenth Schedule was introduced in the Constitution. In order to appreciate the contentions raised on behalf of the rival parties, it is necessary to first refer to the factual background.

FACTUAL BACKGROUND :

Writ Petition No. 1228 of 2021

1. This Writ Petition is filed by the President of the Goa Pradesh Congress Committee (GPCC), which is a State unit of the political party Indian National Congress (INC), for the State of Goa. The Petitioner has challenged order dated 20.04.2021 passed by the Responden

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