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The Supreme Court adjourned a plea filed by a Congress leader from Goa seeking disqualification of 10 MLA of his party who had joined BJP between July 2019 to February 2021. The bench consisted of Chief Justice of India SA Bobde and Justices AS Bopanna and V. Ramasubramanian.
Senior Advocate Kapil Sibal, on behalf of the petitioner, said the matter was filed in August 2019, and one and a half years have passed by then but, no decision has been made, therefore, the speaker should decide the disqualifications now.
At this CJI Bobde noted that no one could have vested right in delay and adjourned the matter to February.
The appellant also mentioned that these MLAs “had ex-facie incurred disqualification under Article 191(2) of the Constitution, read with para 2 of the Tenth Schedule, and are liable to be disqualified as member of the Legislative Assembly.”
Senior Advocate Mukul Rohatgi, appearing for MLAs, said that a reply to the plea has already been filed and could now be fixed for hearing.
A similar disqualification plea was filed in 2019 as well for defection before the speaker. But, the plea is yet to be heard.