6 years later, court quashes Matanhy's disqualification

SANDESH PRABHUDESAI, PANAJI | 12 August 2011 23:10 IST

Bombay high court today quashed disqualification of UGDP MLA Matanhy Saldhana that was initiated in 2005.

Protem-speaker Francisco Sardinha had disqualified Saldhana on 5 August 2005.

Earlier, Saldhana was restrained from voting on 5 March, due to which then chief minister Pratapsing Rane could win the trust vote.

Rane was installed the chief minister after a prolonged political drama that toppled the then BJP-led Manohar Parrikar government.

Saldhana had defied the party whip and had continued his support to the Parrikar government while the party organisation had withdrawn its support to the BJP-led government.

Rane had then won the trust vote by 17-16 with Sardinha casting his vote with a tie.

The disqualification petition against Saldhana was filed by then Congress MLA Jitendra Deshprabhu.

The whole toppling game had in fact begun soon after Assembly elections in 2002.

The 17-member BJP turned out to be the single largest party in the state Assembly poll, but with only one additional seat than the Congress with 16 legislators.

Parrikar managed to form the government with the support of three UGDP MLAs – Babush Monseratte, Mickky Pacheco and Matanhy Saldhana, two MGP MLAs – Sudin Dhawalikar and Pandurang Madkaikar and the sole independent Philip Neri Rodrigues.

The Congress, as opposition, was also joined by sole NCP legislator Dr Wilfred de Souza.

Parrikar formed a 13-member cabinet with eight from his party, both Dhawalikar and Madkaikar from the MGP and Babush and Mickky from the UGDP, besides Rodrigues, an independent.

Political instability however continued in the ruling coalition, due to which Parrikar engineered defections within his ruling coalition partners – the UGDP and the MGP.

Babush and Mickky split from the three-member UGDP on 21 July 2003. While Babush joined the BJP, Mickky changed his mind last minute and continued with his splinter group UGDP (Secular).

On the same day, Madkaikar also split from the MGP.

Both Babush and Madkaikar joined the BJP on 5 August 2003, little before the anti-defection act was amended. The amended act made it mandatory for every splitting MLA to face a by-election.

The BJP thus became 19, still two less to have the majority of 21 in the 40-member House.

As managing with Mickky was becoming impossible, Parrikar dropped him from the cabinet in June 2004.

In order to strengthen his position after Mickky’s dropping, Parrikar engineered yet another defection, now in the opposition Congress.

Congress MLA Isidore Fernandes (close to Babush) quit the party to join the BJP. He also won the Poinguinim by-election as the BJP candidate on 13 October 2004.  

However, power-hungry Babush reportedly started hobnobbing with the opposition Congress with an offer to make him the chief minister after he toppled the BJP-led government.

To counter the move, Babush was stripped of his lucrative town and country planning portfolio on 27 January 2005.

In retaliation, Babush quit the cabinet the next day while Mickky joined the BJP, to quit the saffron brigade once again within two days.

By 29 January, both Babush and Isidore quit the BJP, reducing its whole strength back to 17.

On the other hand, sole MGP minister Dhawalikar and independent Rodrigues also quit the cabinet, while withdrawing their support to the Parrikar government.

This left the Parrikar government with only 19 in the 40-member House, with continuing support of UGDP legislator Saldhana.

The UGDP, as the party organisation, however withdrew its support to the BJP-led coalition though Saldhana defied the party.

With Babush, Mickky and Isidore quitting the BJP at the risk of getting disqualified automatically, the strength of the House was reduced to 37.

The strength of the opposition Congress camp however got swollen to 18, with one each from the NCP, MGP and independent, besides its own 15 members.

Speaker Vishwas Satarkar, belonging to the BJP, then restrained Rodrigues from voting when Parrikar went for a trust vote on 2 February 2005.

The speaker got Rodrigues lifted out of the House with the use of police force while making Parrikar win the trust vote by counting 18 votes in favour of the ruling party and only six from the opposition side.

The chaos led then Governor S C Jamir dismissing the Parrikar government.

The same night at 11.30 pm, Pratapsing Rane was sworn in as the chief minister, with Rodrigues as his deputy.

While the governor told Rane to prove his strength on the floor of the House on 28 February, speaker Satarkar disqualified Rodrigues, reducing the strength of the House to 36.

Speaker Satarkar as well as deputy speaker Narahari Haldankar, both belonging to the BJP, then resigned from the post, creating a constitutional crisis, little before the trust vote.

Congress MLA Francisco Sardinha was then appointed protem speaker to pave way for a fresh trust vote, which was taken on 4 March 2005.

Little before the trust vote, Sardinha passed an order restraining Saldhana from voting. It helped Rane to win the confidence motion by one vote.

Saldhana was then disqualified on 5 August 2005. 


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Previous Comments

If there is any self respect, then Sardinha must now quit politics. He should resign as an MP for his wrong decision causing mental trauma to the family of Mr.Saldanha. In fact Mrs Saldanha should now file a case againt Mr. Sardinha, Mr. Deshprabu and Congress. Mr. Deshprabhu is gone case. He will soon cool himself in the Sada jail. These type of people should be thrown out of politics as well as from Goa.

- Ratikant, UAE | 03 rd November 2012 21:13

 

good person gone all defaulter are left.............

- sunny, Goa | 02 nd November 2012 23:19

 

mathany is a clean and non-corrupt guy.he had to go thru the torture by the corrupt congee rascals .they must pay him a fat compensation.

- pedru peixote, goa | 14 th August 2011 20:34

 

Another Fraud by Congress Mafias.Sardinha & Jeetendra should now booked under criminal acts for their omissions and fraud commited on a honest & uncorruptable person Mathany Saldhana

- Mario, Goa | 13 th August 2011 14:38

 

too late .

- lolo kamtie, goa | 13 th August 2011 11:57

 

Among the very few Politicians who command respect in Goa --all will agree that --one is Mr.Matanhy. When the disqualification is now quashed after so many years--it gives rise to many questions. The first and foremost is the power to disqualify the MLA resting with the Speaker. As the Speaker comes from the ruling party--there is always possibility of this power getting misused and for proper justice--this power of disqualification of the elected representative should be given to either the High Court or to the Election Commission. The situation now arising out of Hon High Court Judgement could raise many questions for which there are no answers...

- vishwas prabhudesai, loliem | 13 th August 2011 09:50

 

काँग्रेसीचीं फटिंगपणां आज उक्ताडार आयलीं. सार्दीन, राजिनामो दी आनी घरा बस. जय माथानी, फुडले फावटीं जैत तुजेंच जावचें.

- vinay, America | 13 th August 2011 06:35

 

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