With reference to the issue of Whip the following may
be reason for thought:
Democracy demands an MLA to freely exercise his
opinion or vote on the basis of his conscience except
in cases where he goes against the Party manifesto. In
the present Goan scenario, how can a Party office
bearer in his individual capacity ask for a
disqualification of an elected representative ?. Does
the office bearer of the party represent the views of
the electorate who have reposed faith in their MLA ?
It would be appropriate for office bearers to expel an
MLA from the party for not towing the Party line but
definitely not have the authority to disqualify an
MLA which totally undermines the interests of the
electorate. Recently in the British Parliament,
George Gallaway, MP was expelled by the Labour party
for not towing the Party line but the Labour Party
felt it would be undemocratic to disqualify him as he
was duly elected by the people.
Secondly, in a Country where there is no standing
qualification for being an MLA, anybody can be elected
as Speaker. What needs to be addressed here is whether
Speaker is competent to interpret the law and also
following proper procedure to arrive his decision.
The neutrality of the Speaker is also in question over
decisions of such serious magnitude. Since the
Speaker always belongs to the ruling Party,
disqualification is always for the opposition MLAs.
Disqualification has thus become a cruel weapon of the
ruling against strong opposition to get rid of those
whom they cannot counter.
When shall we get our laws right !
Adriano Pinto
____________________________________________________
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