Supreme Court to hear Congress plea on disqualification of 8 Goa MLAs joining BJP
The Supreme Court will examine the challenge to Goa Speaker's refusal to disqualify eight Congress MLAs who joined the BJP. The hearing could shape the anti-defection debate as the Assembly nears the end of its term.
The Supreme Court on Thursday agreed to hear a plea challenging Goa Assembly Speaker's decision to reject the Congress's petition seeking the disqualification of eight party MLAs who joined the ruling BJP in 2022.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohan, admitted the appeal filed by Congress leader Girish Chodankar and said it would be listed for final hearing before a three-judge bench. The Congress said the matter needed urgent consideration as the term of the present Assembly was nearing its end.
While admitting the plea, the Chief Justice asked, "Is there any conflict of opinion between the high courts," and then said, "Post the plea for final hearing before a three-judge bench." At the outset, counsel for the Congress leader submitted that 11 MLAs elected on the party's symbol had gone away and merged with the BJP.
Senior advocate Mukul Rohatgi argued that under the Tenth Schedule of the Constitution, if two-thirds of a legislature party merged with another party, it amounted to a merger of the political party as well. He said the case required urgent hearing because the Assembly's term would also get over. Solicitor General Tushar Mehta appeared for the Speaker's office.
The eight MLAs make up two-thirds of the Congress legislative wing, meeting the threshold under the anti-defection law for such a move to be treated as a merger without the members having to resign and contest elections again. Their switch increased the NDA's strength in the 40-member Goa Assembly from 25 to 33. The NDA tally earlier stood at 25, made up of 20 BJP MLAs, two from the MGP and three Independents. The Congress was left with three MLAs, while the Goa Forward Party has one member. The Assembly also has two AAP MLAs and one MLA from the Revolutionary Goans Party.
The Congress MLAs moved to the BJP at a time when Rahul Gandhi was leading the Bharat Jodo Yatra. Earlier, in December 2024, the top court had refused to entertain a plea against the Speaker's decision rejecting the disqualification petition. Saying it would not "become the court of first appeal", the bench had asked Chodankar to move the Goa bench of the Bombay High Court. With Thursday's order, the Supreme Court has now agreed to examine the challenge to the Speaker's ruling on the defections.
The Supreme Court on Thursday agreed to hear a plea challenging Goa Assembly Speaker's decision to reject the Congress's petition seeking the disqualification of eight party MLAs who joined the ruling BJP in 2022.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohan, admitted the appeal filed by Congress leader Girish Chodankar and said it would be listed for final hearing before a three-judge bench. The Congress said the matter needed urgent consideration as the term of the present Assembly was nearing its end.
While admitting the plea, the Chief Justice asked, "Is there any conflict of opinion between the high courts," and then said, "Post the plea for final hearing before a three-judge bench." At the outset, counsel for the Congress leader submitted that 11 MLAs elected on the party's symbol had gone away and merged with the BJP.
Senior advocate Mukul Rohatgi argued that under the Tenth Schedule of the Constitution, if two-thirds of a legislature party merged with another party, it amounted to a merger of the political party as well. He said the case required urgent hearing because the Assembly's term would also get over. Solicitor General Tushar Mehta appeared for the Speaker's office.
The eight MLAs make up two-thirds of the Congress legislative wing, meeting the threshold under the anti-defection law for such a move to be treated as a merger without the members having to resign and contest elections again. Their switch increased the NDA's strength in the 40-member Goa Assembly from 25 to 33. The NDA tally earlier stood at 25, made up of 20 BJP MLAs, two from the MGP and three Independents. The Congress was left with three MLAs, while the Goa Forward Party has one member. The Assembly also has two AAP MLAs and one MLA from the Revolutionary Goans Party.
The Congress MLAs moved to the BJP at a time when Rahul Gandhi was leading the Bharat Jodo Yatra. Earlier, in December 2024, the top court had refused to entertain a plea against the Speaker's decision rejecting the disqualification petition. Saying it would not "become the court of first appeal", the bench had asked Chodankar to move the Goa bench of the Bombay High Court. With Thursday's order, the Supreme Court has now agreed to examine the challenge to the Speaker's ruling on the defections.
The Supreme Court on Thursday agreed to hear a plea challenging Goa Assembly Speaker's decision to reject the Congress's petition seeking the disqualification of eight party MLAs who joined the ruling BJP in 2022.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohan, admitted the appeal filed by Congress leader Girish Chodankar and said it would be listed for final hearing before a three-judge bench. The Congress said the matter needed urgent consideration as the term of the present Assembly was nearing its end.
While admitting the plea, the Chief Justice asked, "Is there any conflict of opinion between the high courts," and then said, "Post the plea for final hearing before a three-judge bench." At the outset, counsel for the Congress leader submitted that 11 MLAs elected on the party's symbol had gone away and merged with the BJP.
Senior advocate Mukul Rohatgi argued that under the Tenth Schedule of the Constitution, if two-thirds of a legislature party merged with another party, it amounted to a merger of the political party as well. He said the case required urgent hearing because the Assembly's term would also get over. Solicitor General Tushar Mehta appeared for the Speaker's office.
The eight MLAs make up two-thirds of the Congress legislative wing, meeting the threshold under the anti-defection law for such a move to be treated as a merger without the members having to resign and contest elections again. Their switch increased the NDA's strength in the 40-member Goa Assembly from 25 to 33. The NDA tally earlier stood at 25, made up of 20 BJP MLAs, two from the MGP and three Independents. The Congress was left with three MLAs, while the Goa Forward Party has one member. The Assembly also has two AAP MLAs and one MLA from the Revolutionary Goans Party.
The Congress MLAs moved to the BJP at a time when Rahul Gandhi was leading the Bharat Jodo Yatra. Earlier, in December 2024, the top court had refused to entertain a plea against the Speaker's decision rejecting the disqualification petition. Saying it would not "become the court of first appeal", the bench had asked Chodankar to move the Goa bench of the Bombay High Court. With Thursday's order, the Supreme Court has now agreed to examine the challenge to the Speaker's ruling on the defections.
