Goa Congress chief Girish Chodankar approached the Supreme Court against February 24, 2022 decision by the Bombay High Court, which upheld the order of the Speaker of the Goa Legislative Assembly dismissing the disqualification petitions against 10 members of INC who had in 2017 crossed the floor over to BJP.
In a special leave petition, it was contended that the top court's intervention was required in the matter as the High Court's judgement would lead to "political chaos and would further promote and encourage evils of defections which would be at loggerheads with the very object sought to be achieved through Tenth Schedule (anti defection law) of the Constitution".
The High Court, by upholding the Speaker's decision of April 20, 2021, has committed a grave error on a mistaken premise that the MLAs constituted two-thirds of their party and had merged with another party, they would enjoy the protection granted under para 4 of the Tenth Schedule, it said.
This deemed merger of the members of INC with the BJP was in teeth of the decisions by the same High Courts, it claimed.
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