Goa Speaker Rules Out Disqualification for Congress MLAs Who Joined BJP During Merger

In a recent decision, Goa Assembly Speaker Ramesh Tawadkar dismissed a petition seeking the disqualification of eight Congress MLAs who switched to the Bharatiya Janata Party (BJP) in 2022. The petition, filed by former Goa Congress chief Girish Chodankar, targeted MLAs Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, Michael Lobo, Delilah Lobo, Kedar Naik, Rudolf Fernandes, and Rajesh Faldesai for their defection to the BJP on September 14, 2022. This move increased the BJP's strength in the 40-member assembly to 28 seats.

Speaker Tawadkar explained that the disqualification under anti-defection laws does not apply when an MLA's original party merges with another party. "When a political party merges with another, the elected members will not be disqualified, regardless of whether they choose to join the merger or not," he stated.

The eight MLAs had formally passed a resolution to merge the Congress legislature party with the BJP, which is why their disqualification was deemed unnecessary. Lawyer Abhijit Gosavi, representing Girish Chodankar, acknowledged the speaker's decision, stating that it was "expected and on the right lines."

This ruling highlights the legal boundaries of party mergers and the anti-defection laws in India, ensuring that elected representatives are not penalized when their original party undergoes structural changes involving other political entities.

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