Speaker of Goa Legislative Assembly Pramod Sawant Wednesday rejected a notice moved last month by the Congress seeking his removal from the post, saying it is "not maintainable".
In his order, the speaker said such a notice has to be issued either when House is summoned or a session is in operation.
The Congress MLAs had not specified any reason for removal of the Speaker in their notice moved on September 21.
Opposition leader Chandrakant Kavlekar had said, "We cannot discuss the grounds for giving notice right now. When it comes up for discussion on the floor before voting, we will disclose our grounds".
The notice was moved at a time Chief Minister Manohar Parrikar is absent from office for a long period of time due to ill health.
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He is currently undergoing treatment for a pancreatic ailment at the AIIMS in Delhi.
The Congress had earlier demanded a floor test claiming that there is no coordination among the alliance partners of the state government, and that the governance has suffered.
The notice was issued under Rule 243 of Rules and Procedures and Conduct of Business of the Legislative Assembly of Goa, read with Article 179C of the Constitution.
Rule 243 states provisions for moving a resolution to ask for permission of the House to discuss about impeachment of the Speaker.
"Perusal of the Rules of Procedure and Conduct of Business and Constitution of India, as well as the perusal of the opinion of State Advocate General, it becomes amply clear that such a notice for removal of Speaker, moved at a time when neither the House has been summoned by the Governor nor a session is in operation, cannot be considered," the speaker said in an order issued to the Secretary, Legislature.
Leader of Opposition may be accordingly informed that the said notice has been rejected on the grounds of non-maintainability, reads the order.
Sawant had sought the opinion of Goa Advocate General (AG) Dattaprasad Lawande on the matter.
"No summons has been issued till date, and as per my information, as on date as well, the House has not been summoned. Therefore, the notice in question cannot be proceeded with as of now," the AG had said.
In 40-member House, Congress has 16 MLAs, BJP 14, Goa Forward Party and Maharashtrawadi Gomantak Party (3 each), Independents (3) and NCP 1.
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