Two Bharatiya Janata Party legislators from Goa Monday moved the Supreme Court challenging their disqualification by the Panaji bench of the Bombay High Court.

The petition was mentioned by senior counsel Mukul Rohatgi before a vacation bench comprising Justices P.V. Reddi and Arijit Pasayat for early listing in view of the recent by-elections. The bench said it would consider the request.

The Panaji bench on May 27 had set aside the election of Dayanand Rayu Mandrekar and Rahendra Arlekar stating that they were holding offices of profit during the May 2002 assembly polls.

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

Assailing the high court judgement, the two BJP leaders said it had erred as it had failed to consider that for an office of profit, it was essential that remuneration or any benefit involving an element of profit or pecuniary gain should be attached to the said office.

They pointed out that in the present case, they were not entitled to the benefits which were held to be enjoyed by them by the court. They sought quashing of the impugned judgement and an interim stay of its operation.