[Gulf Goans] BJP to move President on Goa Govt. Dismissal - It's a murder of democracy !!!

Wed, 02 Feb 2005 12:57:47 -0800

BJP to move President on Goa Govt. Dismissal - It's a murder of democracy !!!

 

 

RESIGN-DISMISS-2NDLD BJP

BJP to move President on govt dismissal
NEW DELHI, FEB 2 (PTI)

Describing the dismissal of its Government in Goa as a "murder of democracy", BJP today decided to seek presidential intervention tomorrow even as it demanded reinstatement of the Manohar Parikkar Government and recall of state Governor S C Jamir.

"The action of the Goa Governor in dismissing the Parikkar Government after it had proved its majority on the floor of the House is nothing short of murder of democracy. It is now obvious that the Governor's reprehensible action is part of a pre-meditated conspiracy to destabilise the BJP Government in Goa", party President L K Advani told a hurriedly called press conference.

He said the entire sequence of events during the day and the preceding days suggested that the Governor had acted as a "henchman of the Congress party with scant regard for Constitutional responsibilities".

"The fact that he acted without even seeking a report from the Speaker of the Legislative Assembly conclusively establishes that he had followed the diktat of the Congress High Command", the former Deputy Prime Minister said.

The BJP Chief said a delegation of senior party leaders will call on the President tomorrow to "present its case and to seek his intervention in the matter".

Advani said he had suggested to ousted Chief Minister Manohar Parikkar to come to Delhi to join the delegation.

"We will take foreward the fight at all levels - President, courts and people", he said and added that the party was "examining" the possibility of legally challenging the decision.

Terming the Governor's decision as "undemocratic, arbitrary and unconstitutional", Advani said, "under the Constitution, and also as per established norms of Parliamentary democracy which have been endorsed by the Supreme Court, he has no powers to upturn the ruling of the Speaker".

"Judiciary is the sole forum before which an appeal can be made against the Speaker's ruling", he said.

The BJP President said by "misusing the office of the Governor" to dismiss an opposition-run state Government, the Congress party has "gone back to its infamous tradition of misusing the gubernatorial office for its own partisan ends".

"He (Jamir) was sent there only for this purpose and he has executed the job", Advani said.

He said the timing of the BJP Government's dismissal "further proves that this has been done to boost the chances of the Congress party in the elections in Haryana, Bihar and Jharkhand".

Advani, however, said the move would only prove to be "counter productive as there will only be anger over it".

The BJP Chief ruled out the possibility of the BJP MLAs resigning in protest against the move.

Advani said there was no scope for similar actions in other BJP ruled states like Gujarat, Madhya Pradesh and Chhattisgarh as "they enjoyed an overwhelming majority".

He likened the dismissal to "similar" action taken by the Congress Government in June 1975 in the wake of imposition of state of emergency.

Later, the party's Central office bearers, including former Prime Minister Atal Bihari Vajpayee discussed the issue and formulated the party's strategy.

 

RESIGN-RANE

Governor has given no time-frame to prove majority: Rane
PANAJI, FEB 2 (PTI)

Newly sworn-in Goa Chief Minister Pratapsinh Rane today said the Governor had not given him any time-frame to prove his majority on the floor of the House.

"But, I will do so before presentation of the budget for the next fiscal," he told reporters here.

Rane said his government top priorities would be rural development, urban slum development and bringing in more industries in the state.

Asked whether Independent MLA Philipe Neri Rodriguez, who was also administered the oath of office and secrecy by Governor S C Jamir, was his choice, he said "yes".

Asked whether Rodriguez was rewarded as it was his eviction from the assembly just before the confidence vote that set off pandemonium in the House, Rane denied this.

Asked how he would prove his majority when both sides had equal numbers on their sides, the Chief Minister simply smiled.

 

Goa: Partisan Speaker versus partisan Governor: Parrikar dismissed, Rane to be CM

That the farce enacted by a partisan speaker in Goa and the circumstances under which the Parrikar government "won" the vote of confidence would probably have just been dismissed with a shrug and a sigh given the cynical sense of deja vu it evoked. But the speed with which the Governor moved to dismiss the BJP government has once again brought the spotlight on the Governor's partisan role into the picture and set the constitutional experts in a tizzy. The legal luminaries are divided, but apart from known party-partisan voices, even the former Attorney General Soli Sorabjee and the former Solicitor General Harish Salve have been severely critical of the governor's action. What do you think?

Former Attorney General Soli J Sorabjee: "If the procedure and the manner in which the vote on motion of confidence took place was not proper, the Governor should have insisted on following the correct procedure and could have asked the Chief Minister to prove his majority in the House under that procedure.Dismissal of an elected government in this manner is prima facie patently illegal."

Former Solicitor General Harish Salve: "The action of the Governor is completely illegal ... from what appears from the news reports, the action of the Governor appears to be high-handed. Some day the Supreme Court will examine the legality of the partisan action of the Governor."

BJP leader and former Law Minister Arun Jaitley: "This is the act of a partisan governor for partisan purposes",

Congress leader and senior advocate A M Singhvi: "To save democracy there was no other option with the Governor but to dismiss Manohar Parrikar Government."

Former law Minister Shanti Bhushan: Article 164 of the Constitution provides the procedure for the dismissal of the State Government. The Governor's decision appears to be right as the Speaker was acting totally in a partisan manner in throwing out an independent MLA from the House.

RESIGN-DISMISS-BJP-MEET
BJP to legally challenge dismissal
NEW DELHI, FEB 2 (PTI)

BJP tonight decided to legally challenge the "unconstitutional, arbitrary and undemocratic" dismissal of its Government in Goa and take the protests against it to the streets.

At a hurriedly-called meeting of its available Central Office bearers presided over by party President L K Advani and attended among others by former Prime Minister Atal Bihari Vajpayee, it was decided to form about half-a-dozen panels to contest the state Governor's action, party sources said.

Party's legal hawk and General Secretary Arun Jaitley is likely to reach the capital tomorrow to finalise the legal strategy, they said.

Meanwhile, the party has asked ousted Chief Minister Manohar Parikkar and his cabinet colleagues to rush to Delhi to be part of the BJP delegation which would call on President A P J Abdul Kalam tomorrow and seek his intervention in the matter.

"We have decided to fight it out both in the courts and the on the street", a senior party leader told PTI after the hour-long meeting at the party headquarters.

The meeting was attended among others by Sushma Swaraj, V K Malhotra, S S Ahluwalia, Pyarelal Khandelwal, Madan Lal Khurana, J P Mathur and Mukhtar Abbas Naqvi.

 

http://www.outlookindia.com/pti_news

 

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