Assert Girish has no right to file petition in court
PANAJI
The Congress party has ceased to exist in Goa and Girish Chodankar who is claiming to be the president of the party has no right to file a petition before the Supreme Court, two defector MLAs Wilfred D’Sa and Clafacio Dias have told the Supreme Court.
Filing their responses via affidavit before the Supreme Court to the petition filed by Girish as the president of the Congress, the duo also claimed that the five remaining Congress MLAs were independent and couldn’t be called Congress MLAs.
“There being a deemed merger between INC and the BJP, in so far as the proceedings before the Speaker is concerned, the INC on account of deeming fiction ceases to exist as a political party as well as Legislature Party in the State of Goa. The petitioner (Girish Chodankar) does not have the locus standi to file the present petition as the petition contains misdescription of the petitioner (who) has described himself to be the President of Goa Pradesh Congress Committee of Indian National Congress,” the affidavit reads.
“The merger with BJP, in so far as proceedings before the Speaker under the Tenth Schedule are concerned, INC has ceased to exist and has merged in BJP and therefore the remaining 5 MLAs are a group of independent MLAs who are allowed to continue as Members of Legislative Assembly. Thus, the INC being merged with the BJP and the remaining 5 MLAs being independent MLAs, the petitioner has no locus standi to file the present petition in his capacity as President of the party and hence, the petition is liable to be dismissed,” they said.
“The merger with BJP was pursuant to the decision taken in the party meeting of INC held on 10.07.2019. In the meeting out of 15 MLAs, 5 MLAs decided not to join the BJP and further decided to stay out of the merger in a separate group. The remaining 10 MLAs who are Respondent Nos 2 to 11 herein merged the INC to BJP and the same was accordingly communicated to the Speaker of the House for making note of it and for appropriate arrangements in the House for our sitting,” they said.
Back in June last year, the Congress had approached the Supreme Court seeking directions to the Speaker that he dispose of the matter within one month, the Congress petition has also sought that the 10 MLAs concerned be restrained to officiate as MLAs and ministers.
The Congress has contended that the “merger” of 10 of its MLAs into the BJP was not a merger of parties as envisaged by the 10th schedule of the constitution.
Back in June last year, the Congress had approached the Supreme Court seeking directions to the Speaker that he dispose of the matter within one month, the Congress petition has also sought that the 10 MLAs concerned be restrained to officiate as MLAs and ministers
