Justice Mahesh Sonak of the Goa bench of the Bombay High Court admitted for a detailed hearing the petition moved by the Congress party on May 12, seeking the court's order to disqualify the minister from running the state assembly election for the next five years or till the present house is dissolved.
Rane, who had won the Valpoi assembly seat on a Congress ticket in the February 4 state polls, had resigned as its MLA on March 16 to join the BJP.
To retain his ministerial berth, he has to get re-elected as a member of the assembly within six months of his swearing-in as a minister.
While admitting the petition, the court said, "There is prima facie merit in the prayers."
More From This Section
The court also granted another four weeks to the Goa Assembly Speaker Pramod Sawant and Pro-tem Speaker Siddharat Kuncolienkar to reply to the plea.
The court had issued notices to the speaker and the pro-tem speaker on May 19.
Both of them, however, have failed to reply to the notice.
In the plea, the Congress said that by abstaining from voting in the assembly on March 16 and by voluntarily giving up his membership of the party, Rane had automatically incurred disqualification for being a member of the House from March 16, 2017 to March 15, 2022.
"Therefore, in terms of Article 191 of the Constitution of India, he stood disqualified for being chosen as or for being a member of the Goa Assembly between this period of five years," the party said in the petition.