We Cannot Become Court Of First Appeal: SC While Refusing To Entertain Plea Against Goa Speaker’s Decision On Disqualification Of MLAs

The Supreme Court today refused to entertain a Special Leave Petition (SLP) filed by Girish Chodankar challenging Goa Assembly Speaker Ramesh Tawadkar's decision to dismiss a disqualification petition against eight Congress MLAs who joined the BJP in September 2022.

The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar observed that the petition, filed under Article 136 of the Constitution, was not maintainable.

The CJI emphasized that such matters should first be pursued through a writ petition before the Bombay High Court.

"You have come against the order of the Speaker under Article 136... how can that be? You have to file a writ," remarked the CJI during the hearing.

Senior Advocate Dr. Abhishek Manu Singhvi, appearing for Chodankar, highlighted the delays in a related petition pending before the Supreme Court, arguing that this case warranted the Court’s intervention. However, the bench maintained its stance.

"We cannot entertain an Article 136 plea. We will not become the Court of First Appeal," the CJI clarified, refusing to grant relief.

Accordingly, Singhvi sought permission to withdraw the SLP and move the High Court. The Court allowed Singhvi's request. 

The petition pertained to the controversial defection of eight Congress MLAs, including former Chief Minister Digambar Kamat, to the BJP in 2022. Chodankar had filed the disqualification petition, alleging violation of anti-defection laws under the Tenth Schedule of the Constitution.

In a related news, in February 2022, the Bombay High Court had dismissed two petitions seeking disqualification of 12 MLAs who left their respective parties and joined the ruling BJP in 2019. Goa Pradesh Congress Committee president Girish Chodankar had filed a disqualification petition against 10 party MLAs who switched over to the BJP in July 2019. Maharashtrawadi Gomantak Party MLA Sudin Dhavalikar had also filed a similar petition before the court against its two MLAs, who joined the BJP in the same year by splitting the regional party.

Earlier, Goa Assembly Speaker Rajesh Patnekar had on April 20, 2021, dismissed the disqualification petitions filed by Chodankar and Dhavalikar. Polls to elect the new 40-member Goa Assembly were held on February 14, 2022, and the counting of votes will be done on March 10.

Cause Title: Girish Chodankar v. The Speaker, Goa State Legislative Assembly [SLP(C) No. 29303/2024; Diary No. 55376/2024]