Monday, June 27 2005 13:13 Hrs (IST) - World Time -

New Delhi: In a development that could set in motion change in political arithmetic in the controversy ridden Goa Assembly, the Supreme Court today (Jun 27, 2005) refused to stay the disqualification of two Bharatiya Janata Party (BJP) MLAs.

A vacation Bench comprising Justice D M Dharmadhikari and Justice S H Kapadia issued notice on the petitions filed by disqualified BJP MLAs - Dayanand R Mandrekar and Rajendra V Arlekar - challenging a judgement of Panaji Bench of Mumbai High Court.

Posting the petitions for hearing immediately after reopening of the Courts after summer vacation, it also issued notice on their application seeking stay of the May 27 order of the High Court but refused to extend the stay granted by the High Court on its order, which expired yesterday (Jun 26, 2005).

The High Court had allowed petitions filed by Chandrakant Uttam Chodankar and Jose Phillips Domingo D'Souza, both from Nationalist Congress Party (NCP), challenging election of the two BJP MLAs from Vasco and Siolim constituencies in the 2002 Assembly polls.

Appearing for Arlekar and Mandrekar, senior advocate Mukul Rohtagi sought a stay on the High Court order as the disqualification was not based on corrupt practices and urged the court to allow them to function as MLAs and participate in voting exercises including the impending Rajya Sabha polls.

The Bench said, "You have been disqualified by the High Court for holding an office of profit. How can we allow to function like any other MLA after your disqualification."

The disqualifications had left BJP with 14 MLAs in the 34-member House and the support of one United Goan Democratic Party (UGDP) MLA, while the Congress and its allies have a strength of 17.