PANAJI: Former Legislator Benaulim CM and NCP Alemao Church to combine his party’s legislative wings, where he is a member alone, with TMC has not been received by the speaker of GOA assembly Rajesh Pathnekar.
“I have received the resolution.
But I have not made a decision on Alemoo’s request when the legal opinion is awaited,” said Patnekar Toi.
“The only member of the Nationalist Congress Party in the Goa legislature, Churchill Alemao, with this completed and agreed to join the entire NCP legislative group …
with the All India Trinamool Congress and will be in the future a LEGISLATIVE AITC group in the Goa legislature,” Alemoo said in his letter to Pathnekar.
With Pathekar has not yet decided Plea Alemao, the maker of the Benaulim member remains NCP MLA until the legislative assembly issues a notice.
Alemao has also asked the speaker to “record the merger” and distribute seating at home for TMC legislators.
Alemao claims that the NCP legislative group met on December 9 to pass a resolution that supports the merger.
Alemao’s resolution was accompanied by TMC letters that said they received NCP legislative wing offers and resolution to “disrupt all legislative groups” to TMC.
Although Patnekar has not yet decided the merger’s request, Alemao goes ahead and officially joins TMC at the public meeting in the Benaulim.
He said that he would oppose the assembly selection of 2022 on TMC tickets.
As soon as Alemao announced his decision, the question was asked about the constitutional sanctity of the move and whether it survived in the legal examination.
Advocate Radharo Gracias, who accompanied Alemoo, said that the merger was valid.
“Para 4 of the 10 constitutional schedules say two-thirds of MLA can separate or join.
Now he is one person and therefore he is 100%.
So, as a result, the legislative group NCP is the TMC Legislative Group and the speaker will issue notice about this count on Time, “he said.
The argument did not convince legal experts and political commentators.
While the former Advocate General Carlos Alvares Ferreira said Alemoo’s movement as a former member of the Goa State Law Commission Countelo Coutinho called it “Theater Absurd”, which did not mark the politics of Goa.
Both Coutinho and Ferreira said the Supreme Court was necessary to clearly interpret the Xth schedule of the constitution to prevent hopping and defectors with MLA, which changed political affiliation claiming divisions in the party.
“This is not constitutional but now the question is who will challenge him given that there is no time.
By claiming to join, Churchill enjoys his tenure to the end and has access to benefits.
And in the end, the 10th schedule provides disqualification but does not prevent you from preventing you.
Fight again, “Ferreira said.
Coutinho said the incorporation of the legislative party must be a result of split in the parent party.
“But a national party like NCP, Congress or BJP can never be divided at the regional level.
This point must be answered at several points by the highest court.
I would say that as far as concerned the merger at this time, it was very academic,” he said.
“This is not just an absurd theater but worse.
First, we used to talk about defection after the election results but here we talked about defectors before the election,” said Coutinho.
For the MLA Benaulim, which is known by Hopping his party, this is not the first Foray to TMC.
In March 2014, Alemoo had resigned from Congress after his daughter denied the ticket and joined the Trinamool Congress not to succeed in the selection of Lok Sabha from South Goa.