The Goa Government’s decision to summon the session of the Legislative Assembly on February 28th is a victory for Democracy and the Rule of law.
However it is a matter of concern that the Advocate General Saresh Lotlikar and the Additional Solicitor General Atmaram Nadkarni had earlier wrong advised the Government that there was no need to summon the session of the legislative Assembly. This government which is now known for all its U-turns over the last five years has at least taken the final U-turn in the right direction. Meanwhile a Division bench of the Bombay High Court at Goa comprising of Justice Anoop Mohta and Justice Nutan Sardessai will on Monday 27th February hear the petition that was filed seeking directions to the Goa Government to comply with the mandate of Article 174 of the Constitution of India by either summoning a session or dissolving the Goa Legislative Assembly. At the last hearing the High Court had directed the Goa Government to inform the Court on February 27th the stand of the Government in view of the Supreme Court judgments making it mandatory to convene a Session of the Legislative Assembly within six months of its last sitting. Drawing the Courts attention that the last session of the Goa Legislative Assembly was on August 31st last year, it was pointed out that the Law department had in November last year moved a file for summoning the session and that on January 6th had also opined that the Assembly needed to be dissolved but that the government had just been sitting on the advice given by the Law department. In terms of Article 174 of the Constitution it is the duty of the Governor to summon the House and six months should not intervene between its last sitting and the next sitting. The continuation of the Legislative Assembly without its meeting in compliance with Article 174 of the Constitution would not only have been a travesty of the Constitutional mandate but also an absolute breakdown of the Constitutional scheme. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: airesrodrigu...@gmail.com Or airesrodrig...@yahoo.com You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires www.airesrodrigues.com