NCP files disqualification plea against Goa MLA after he merges party’s legislature wing with TMC

Alemao (72), the former chief minister, on Monday gave a letter to Speaker Rajesh Patnekar informing him that he has merged the NCP’s legislature wing with the TMC, ahead of the state Assembly polls due early next year.

On Tuesday, Goa NCP president Jose Fillipe D’Souza filed a petition before Patnekar, saying Alemao’s action calls for disqualification under 10th schedule of the Indian Constitution (which deals with defections).

“…the fact that Mr Churchill Alemao, the member elected to the Legislative assembly of the state of Goa as an official candidate of the NCP has, in fact, by his act, namely the claim of his having merged his original legislature party, namely NCP, with the TMC has incurred disqualification under the procedure of the 10th schedule, namely para 2 (a),” D’Souza said in the plea.

He said “as a fact, the legislature party in relation of a member of House relating to any political party in accordance with the provisions of para 2 of 4 means the group consisting of all members of that house for the time being belonging to that political party in accordance with the same provisions.”

“Apparently, Churchill Alemao has filed the said letter before you to claim non-application of provisions of para 2 of the 10th schedule. As it is in law the action claimed under the letter dated December 13, 2021 cannot constitute merger within the meaning of para 4 of the 10th schedule,” the petition said.

D’Souza urged the Speaker to take necessary action in the matter.

On Monday, Alemao after meeting Patnekar said, “Why should I resign as MLA? I continue to be the MLA.”

He had claimed that being the lone NCP MLA, he represents 100 per cent of the party’s legislature wing and hence, the merger was valid as per the 10th Schedule of the Constitution.

He had later joined the TMC in the presence of its chairperson and West Bengal Chief Minister Mamata Banerjee, who is on a two-day visit to the coastal state.

The TMC has already said it would contest all the 40 seats in the Goa Assembly in an alliance with like-minded parties.

Alemao’s move came days after Banerjee called on NCP president Sharad Pawar in Mumbai and later questioned the very existence of the UPA, the Congress-led alliance which was in power at the Centre from 2004 to 2014.

D’Souza on Monday said the NCP can’t be merged with any other outfit by Alemao as it is a national entity with a full- fledged organisational structure in the state.

He claimed that Alemao had act on his own and not communicated to the party about the merger, which he termed as “blatantly illegal”.

In the 2017 Goa Assembly polls, the NCP had bagged one seat in the 40-member House.

The Congress had then emerged as the single largest party in Goa. But, the BJP quickly tied-up with some regional outfits and independents to form a government in the coastal state.