Friday, May 27 2005 16:53 Hrs (IST) - World Time -

Mumbai: In a judgement that could change the entire political arithmetic in Goa, the Panaji Bench of the Mumbai High Court today (May 27, 2005) set aside the election of two Bharatiya Janata Party (BJP) MLA's on grounds of holding office of profit during the May 2002 Assembly polls.

A single judge Bench set aside the election of Rajendra Arlekar from Vasco Seat and Dayanand Mandrekar from the Siolim seat on the grounds that the two held "office of profit" during the election period.

The petition was filed by separately by two Nationalist Congress Party (NCP) candidates contesting the Assembly polls in May 2002.

Justice N A Britto, however, did allow the petitioner's prayer that they be reinstated as returning candidates in place of Arlekar and Mandrekar.

However, the court granted a stay on the order for 30 days.

"The court has granted an absolute stay on the order for 30 days and the petitioner can approach the court for modification of stay only if there is any change in the circumstances such as the revocation of President's Rule in the State," advocate for the respondents Vilas Thaly told reporters.

The judgement comes at a time when the BJP is struggling to stay in race for Government formation and less than a week away from by-polls to five Assembly constituencies.

Today's development leaves the party with 14 MLA's in the 34-member House and the support of one United Goan Democratic Party (UGDP) MLA, while the Congress and its allies have strength of 17.

NCP candidates Jose Philip d'Souza from Vasco seat and Chandrakant Chodankar from Siolim seat filed the petitions separatly in July 2002. The petitioners had prayed that the election of their BJP opponents be set aside and that they be reinstated as the returned candidates.

Earlier, the court set aside an application filed by independent candidate from Taleigao constituency, Arvind Naik asking that the judgement be postponed to June 3, 2005 and on the grounds that it could influence voters in the by polls.

D'Souza and Chodankar had challenged the election of Arlekar and Mandrekar respectively on the basis of the claim that both were holding office of profit at the time of the State Assembly elections in 2002.

While Mandrekar was chairman of the Khadi and Village Industries Board, Arlekar held the post of chairperson of Goa State Scheduled Castes and Other Backward Classes Finance and Development Corporation.

The Panaji bench of the High Court had initially dismissed the petition on technical grounds, but a subsequent Special Leave Petition before the Supreme Court by Chodankar and D'Souza saw the matter being referred back to the high court.

The court, however, also disallowed D'Souza's contention that Arlekar indulged in "corrupt practices" during his stint.

Expressing happiness at the judgement, president of NCP Wilfred D'Souza said: "this is a huge victory for us. They are now in a absolute minority and cannot form the Government."