Supreme Court Disposes Goa Congress Petition on MLA Disqualification
SC Disposes Goa Congress Petition on MLA Disqualification

Supreme Court Declares Goa Congress Petition Infructuous in MLA Disqualification Case

The Supreme Court of India, in a significant ruling on Friday, disposed of a petition filed by former Goa Pradesh Congress Committee (GPCC) president Girish Chodankar. The petition sought the disqualification of 10 Congress MLAs who had defected to the Bharatiya Janata Party (BJP) back in 2019, a move that bolstered the BJP's strength to 27 members in the 40-seat Goa Legislative Assembly.

Court Cites Fresh Elections and New Petition as Key Factors

In its decision, the apex court declared the petition as infructuous, meaning it no longer holds any practical legal effect. This judgment was primarily influenced by two critical developments: the occurrence of fresh elections in the state legislative assembly during the petition's pendency and the filing of another petition by Girish Chodankar targeting eight Congress MLAs who merged with the BJP in 2022.

The court observed that the issues raised in the original petition had become largely academic due to the electoral changes. It noted, "In view of the fact that, during the pendency of this petition, fresh elections in the state legislative assembly took place, the issues raised in the instant petition became largely academic."

Liberty Granted for Arguments in Pending Case

Furthermore, the Supreme Court highlighted that the petitioner had initiated a new special leave petition addressing similar disqualification questions. In light of this, the court granted liberty to raise any additional points in the arguments for the subsequent petition, which is currently under consideration. The bench stated, "That being so, with the liberty to raise additional points, if any, in the arguments which are under consideration in the subsequent special leave petition, we are of the view that the instant special leave petition deserves to be disposed of as having become infructuous."

As a result, the court has scheduled the new petition for a hearing on April 7, marking the next phase in this ongoing legal battle over MLA disqualifications in Goa's political landscape.