PANAJI, Aug 14: Goa's Chief Minister Dr Wilfred D'Souza and nine other legislators, who broke away from the Congress in July to form the Goa Rajiv Congress (GRC), were disqualified from the membership of the House by Speaker Tomazinho Cardozo today.The verdict disqualifying the ten out of the 25-member Congress Legislature Party (CLP) who formed the GRC was given by Cardozo in his chamber on two separate petitions filed by Congressmen, former CM Pratapsinh Rane and former sports minister Dr Wilfred Mesquita on the ground that the split in the CLP was not accompanied by a split in the state unit of the party.
Meanwhile, the Panaji bench of the Mumbai high court, which is hearing a writ petition filed by Rane challenging his dismissal as CM is scheduled to pronounce its verdict on Tuesday. The division bench of the court has heard the submissions made by counsels for Rane and the state government.
Delivering his 72-page order, Cardozo noted that the 10 members could not prove a split in the party to him.The disqualification takes retrospective effect from July 27, 1998.
Quoting from Para 3 of the 10th Schedule to the Constitution, Cardozo noted that one-third of the membership of a party must split in order to avoid disqualification under the Anti-Defection Act. However, the entire breakaway group will be liable for disqualification if the party remains intact.
Following the split in the Congress, the Pratapsinh Rane government was toppled. The splinter GRC, supported by the eight-member Maharashtrawadi Gomantak Party and the four-member Bharatiya Janata Party in the House was invited by Governor Lt General (Rtd) JFR Jacob to form the government on July 29.
D'Souza was then asked by the governor to prove his majority in the Assembly by August 19. However the Speaker's decision gives sufficient time for the chief minister and his legal advisors to decide on a course of action. ``I am going to speak to my lawyer as soon as I get the Speaker's order,'' D'Souza told media persons soon after Cardozo'sruling. He also insisted that he would be able to obtain a vote of confidence by the stipulated date. ``I won't ask for more time from the governor,'' he said.
Law Minister Dr Kashinath Jhalmi of the MGP, which is part of the coalition government, refuted the Speaker's main argument that there was no split in the Congress party. He noted that the split began with Goa Pradesh Congress Committee president Shantaram Naik first expelling five of the 10 legislators. Subsequently, the CLP broke up, which was followed by a split in the Congress party organisation.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.