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 Respondent no.1-Speaker of the Goa State Legislative Assembly, whereby Disqualification Petition No. 3 of 2019 filed by the Petitioner seeking disqualification of Respondent nos. 2 to 11, was dismissed by the Respondent no.1.

2. On 11.03.2017, election was held for the State of Goa and as per the results declared by the Election Commission of India, the following was the tally of elected members belonging to various political parties and independent candidates :

3. The elected members of the BJP along with MGP, the GFP and the independents, formed the Government in the State of Goa. Later, one of the Members of the Legislative Assembly (MLA), representing the INC from the Valpoi Constituency resigned from membership of the INC and gave up membership of the Legislative Assembly also. Thereafter, in October 2018, two members of the Legislative Assembly belonging to the INC, resigned from the assembly and joined BJP. In this process, the MLAs belonging to the INC, were reduced to 14. Thereafter, on 17.03.2019, the then Chief Minister of Goa passed away and an MLA of the BJP was appointed as the Chief Minister along with two Deputy Chief Ministers belonging to the MGP and GFP. In the election conducted for the seat that fell vacant due to demise of the then Chief Minister, Respondent no.11 contested and won as an INC candidate. Thus, tally of INC rose to 15.

4. On 10.07.2019, Respondent nos. 2 to 11, claiming to be two-thirds of the legislative party of the INC in the assembly, decided to join the BJP and informed the Respondent no.1-Speaker. On this basis, the Respondent no.1-Speaker allotted them seats in the Assembly along with the members of the BJP. The office of the Goa Legislative Assembly issued bulletin dated 10.07.2019, recording that INC Legislature Party in the Goa Assembly decided to merge with the BJP and that, accordingly, the ten members i.e. Respondent nos. 2 to 11 herein, were allotted seats along with the members of the BJP in the house.

5. On 08.08.2019, the Petitioner instituted Disqualification Petition no. 3 of 2019, against Respondent nos. 2 to 11 before the Respondent no.1 on the basis of a Resolution dated 24.07.2019, passed by the Goa Pradesh Congress Committee authorizing the Petitioner to file such a Petition. According to the Petitioner, the Respondent nos. 2 to 11 deserved to be declared as disqualified from holding membership of the house, as they had voluntarily given up membership of their original party i.e. INC, thereby attracting disqualification under the Tenth Schedule to t