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M. S. KARNIK, VALMIKI SA MENEZES
Girish Chodankar – Appellant
Versus
Speaker , Goa State Legislative Assembly – Respondent
| Table of Content |
|---|
| 1. court's observations and directives (Para 1 , 3 , 20 , 23 , 24 , 26 , 27 , 32 , 37 , 39) |
| 2. factual background of the disqualification (Para 2 , 4 , 5 , 6 , 7) |
| 3. arguments related to timeliness and jurisdiction (Para 8 , 9 , 11 , 16) |
| 4. ratio decidendi regarding disqualification petitions (Para 12 , 15 , 19 , 28) |
| 5. conclusion and order (Para 38) |
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
The Speaker has the exclusive authority to decide disqualification petitions under the Tenth Schedule, and must act within a reasonable time to uphold constitutional mandates.
The Speaker must decide disqualification petitions within three months to uphold constitutional objectives and prevent political defections.
Judicial review is permissible in disqualification matters, and the Speaker must decide petitions within a reasonable timeframe to uphold democratic principles.
Comparative Citation: 2011 (1) KCCR 476
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