Goa House okays 'disqualification' of MLAs PRAKASH KAMAT TIMES NEWS NETWORK [ FRIDAY, JANUARY 14, 2005] PANAJI: The Goa Assembly on Thursday passed the MLAs’ Removal of Disqualification Amendment bill, brushing aside combined Opposition protests, which sought to retrospectively immunise the election of persons holding office of profit.
A controversial provision inserted in the amendment (to give retrospective effect to immunise the election) could have a direct bearing on an ongoing court case before the Bombay HC in connection with the election of two of the ruling BJP MLAs. The Opposition was vehemently opposed to the same and unsuccessfully appealed to CM Manohar Parrikar to withdraw the same. The amendment was moved by a member of the ruling side and the Opposition feared that the amendment would subvert the judicial process and undermine constitutional sanctity. This bill was brought to replace an ordinance promulgated by the state governor on September 15, ’04 to protect the office of Parliamentary secretary from incurring disqualification. The amendment sought by ruling party MLA Damodar Naik — giving retrospective effect to two of the offices mentioned in the schedule of offices of profit — assumes significance, and raised eyebrows because a petition filed by NCP’s two defeated candidates against the returned MLAs of the BJP is pending before the Goa bench of the Bombay HC. The Congress and NCP MLAs lambasted the Manohar Parrikar government in the state Assembly on Thursday, accusing the government of bringing the amendment to subvert the course of law in the said cases. Smarting under the attack, Mr Parrikar tried to defend the action and said the passing of the bill had “nothing to do with the said cases before the court.” He said the amendment did not apply to the cases in the HC, as the two MLAs involved didn’t hold office during the ’02 Assembly election. Besides, the House had been dissolved. He also argued that there were instances when amendments with retrospective effect had been enacted earlier. As such, he said the Opposition was making an issue out of nothing. Refusing to buy the CM’s argument, Wilfred de Souza, NCP president and lone MLA appealed to the “conscience of the members” and said that this amendment would tarnish the image of the state Assembly before the world. “When we vote for this, we should be cautious as we are vitiating the function of this House to make good laws and instead trying to bypass the very Constitution of India,” he said. Even if the ruling party goes ahead with passing of the amendments, he wanted the governor to either withhold his consent or refer the same to the President as “this bill would serve a purpose it is not supposed to serve, that is, to derogate the powers of the HC to endanger its position, which the Constitution is designed to fulfil,” he said. Deputy leader of the Opposition, Dayanand Narvekar, said that passing of the bill would mean subverting the very jurisprudence and principle of democracy. (Economic Times) "Konknni Machiek Noman" - A KGTS musical show with LORNA and a host of Konkani stage artistes & musician AGNELO DIAS on 4 Feb. 2005 in Kuwait. Proceeds will go towards the welfare of retired tiatrists in Goa & Mumbai. Gulf Goans e-Newsletter archived www.yahoogroups.com/group/gulf-goans/ Moderator: Gaspar Almeida Presented by Uly Menezes www.goa-world.com/goa/ since 1994