PANAJI: The High Court of Bombay at Goa has admitted a disqualification petition filed against Health Minister and former Congress MLA Vishwajit Rane.
The Congress party had filed a petition before the High Court seeking disqualification of Vishwajit for having defied the party Whip during the vote of confidence of the government led by Manohar Parrikar on March 16, 2017.
The High Court found prima facie merit in the case and so it admitted the petition. The High Court observed that there is scope of judicial review in the matter. The Speaker and the Protem Speaker who are among the respondents are yet to file their replies in the case. The High Court has given four weeks’ time to all the parties to file their replies and rejoinders. The High Court has also directed the Election Commission to inform it before declaring the date for bypoll in the Valpoi constituency.
A counsel for Vishwajit had contended that Speaker is the primary and only authority to decide about disqualification of an MLA. The counsel had also contended that the petitioners should have met the Speaker first. The counsel for Vishwajit also raised preliminary objection on maintainability of the petition. The High Court has rejected the preliminary objection raised by Vishwajit that his disqualification dispute should first be heard by the Speaker of the Goa legislative assembly.
The High Court has given fresh opportunity to Vishwajit to file his reply as the affidavit filed by him does not thoroughly address the contention raised by the petitioner Congress.
During the hearing before the High Court, a counsel for Congress had contended that Vishwajit signed the party Whip directing all the party MLAs to vote against the government led by Parrikar. However, after taking oath, Vishwajit left the assembly defying the party Whip during the vote of confidence and thus incurred disqualification the moment he did not vote against the Parrikar government.