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2023 Supreme(Bom) 1743

M. S. KARNIK, VALMIKI SA MENEZES
Girish Chodankar – Appellant
Versus
Speaker , Goa State Legislative Assembly – Respondent


Advocates appeared:
Abhijeet Gosavi, Advocate, Guruprasad Naik, Advocate, Krupa Naik, Advocate, Devidas Pangam, Advocate, Deep Shirodkar, Advocate, Parag Rao, Advocate, Akhil Parrikar, Advocate, Sowmya Drago, Advocate, S.S. Kantak, Advocate, Preetam Talaulikar, Advocate, Saicha Dessai, Advocate, Simoes Kher Ceazer John, Advocate, Neha Kholkar, Advocate

JUDGMENT/ORDER

M.S.KARNIK, J. - The judgment has been divided into the following Sec. to facilitate analysis:-

2. The petitioner, who is a former President of the Goa Pradesh Congress Committee of Indian National Congress, has petitioned this Court under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent no.1-Speaker Goa State Legislative Assembly to decide the disqualification petition filed by the petitioner against the respondent nos. 2 to 9, within time bound manner and more particularly within the period prescribed by law as laid down by the Supreme Court. The petitioner has placed heavy emphasis on the decision of the Hon'ble Supreme Court in Keisham Meghachandra Singh vs. Hon'ble Speaker Manipur Legislative Assembly & ors., 2020 SCC OnLine SC 55. to contend that the disqualification petition must be decided within a period of three months of its filing.

3. The petitioner challenges the deliberate inaction or indecision on the part of the respondent no.1, which according to him, clearly amounts to failure to exercise the jurisdiction conferred under the Tenth Schedule of the Constitution. FACTS :

4. Briefly stated, the facts are as follows :

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