SC recognises importance of ‘Political Party’, now defectors need to worry: Chodankar

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Panaji: Welcoming Supreme Court’s judgment on *Shivsena Maharashtra* matter, former Goa Congress president Girish Chodankar on Thursday said that it has given ray of hope for Goa & *Country* in respect of defections episode and misuse of Governor office.

 

Chodankar, who has filed disqualification petition against merger of 8 Congress MLAs, said that now these eight defected MLAs need to worry now, as their days are counted.

 

“Supreme Court has recognized and emphasised the importance of political party under tenth schedule (Anti Defection law). It also said that two-third of the members of the legislature party should agree to a merger decision of the original political party, which means MLAs themselves cannot decide to merge without decision of original political party,” Chodankar said.

 

“Supreme Court also upheld the argument made by my lawyer Adv. Abhijit Gosawi about 2 pre-conditions while opposing the merger of 10 MLAs and 8 MLAs’ disqualification matter respectively. The two conditions of decision of (1) political party to merge with another political party and (2) such merger should be supported by 2/3rd legislators,” he said.

 

SC also says disqualification petitions are required to be decided by the speaker within a reasonable time said chodankar saying that last week High Court had directed Speaker to dispose my petition within time limit as per Manipur order of *SC*.

 

“This judgment almost clears that, these defectors will be definitely disqualified,” he said.

 

Chodankar said this verdict will help him on his SLP pending before SC on clarity of law also got boost. Chodankar had moved to Supreme Court after his petition was rejected by High Court on issue of merger of 10 MLAs in 2019. He had sought clarity from SC whether merger can be done only by 2/3rd of MLAs?

 

Chodankar said people were losing faith in our system but with this order people will get confidence in democracy and the judiciary.

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