Panaji, Dec 1 (TOI): The high court of Bombay at Goa has reserved its judgment on a petition filed by Maharashtrawadi Gomantak Party (MGP), the BJP's alliance partner in the government seeking to restrain former Congress MLAs Dayanand Sopte and Subhash Shirodkar from contesting the byelections.

The petitioner’s counsel S N Joshi stressed that resignations tendered by Mandrem MLA Sopte and Shiroda MLA Shirodkar were not in accordance with the format laid down under the rules of procedure and conduct of business. To this, the court said “who are we to object” and asked the petitioner to go before an appropriate authority. Joshi said, “They faxed their resignations” and added that the fax were received by speaker Pramod Sawant from Delhi. The petitioner’s counsel also produced before court the faxed resignations. As the resignations were not in accordance with the format laid down, Joshi said the speaker ought to have initiated some inquiry. The “great haste” displayed on the part of the speaker in accepting resignations, said Joshi, shows something was organised. Joshi said the resignations by the two former MLAs defeated the purpose of the anti-defection law. The law was brought after it came to the fore that there were about 2,000 defections spread over two-three years at a particular period.

After hearing the counsel, the division bench of the court, R M Borde and Prithviraj Chavan, asked whether the petitioner expected “if the legislators should have gone before the electorate, taken their consent and then resigned.” The court said that if the petitioner’s submission on anti-defection law is accepted, it would also mean imposing restriction on resignation of legislators. Earlier, Justice R M Borde, in response to an additional affidavit filed by the petitioner, said “It leads to nowhere, we are back to square one.” MGP, in its petition said, that material on record is not sufficient enough to show that the resignation of Sopte and Shirodkar was voluntary or genuine. The petitioner alleged that on having joined the BJP, the former MLAs have been rewarded with chairmanship of two different corporations, EDC and GTDC.