HC split over Goa House dissolution Oppn demands Governor's recall, Parrikar's resignation
DH News Service PANAJI: A consolidated Opposition in Goa today demanded that Governor Mohammed Fazal be recalled, and said Chief Minister Manohar Parrikar was morally obliged to resign after a split ruling by the Panjim Bench of the Bombay High Court here on the dissolution of the Goa assembly on February 27. The matter will now go before the Chief Justice of Bombay. While the senior member of the two-judge bench Justice A S Aguiar quashed and set aside the dissolution as being "unconstitutional" and an abuse of power, Justice P V Hardas dissented with the order and dismissed the petitioners' claim. But a combined Opposition -- including the Congress and the Nationalist Congress Party (NCP) -- said that Justice Aguiar's strong indictment of the Governor's and chief minister's actions called for the imposition of President's Rule in the state before the election on May 30. In his ruling, Justice Aguiar said the Governor's order "suffered from legal malafides and is based on advice to dissolve the House for a purpose not authorised by law. The order is an abuse of power and therefore unconstitutional", he ruled. He also held that "consequently, the order continuing the chief minister is hereby set aside and quashed". The judgment comes just three weeks ahead of the Assembly election, and the Addl. Advocate General Vilas Thali said he expected the matter would now go before a third judge and arguments would have to be heard afresh. Though the chief minister argued that a dissenting judgment reduced the case to a level of "academic interest", the Opposition here said he had the moral responsibility to resign. "The government should be sent home and President's rule imposed. We also demand the recall of Governor Fazal," the Goa Pradesh Congress Committee chief Nirmala Sawant told this newspaper from Delhi. "The judgment shows the governor made a terrible mistake in not applying his mind to the chief minister's advice to dissolve the House and he should be recalled for it," the NCP leader Wilfred De Souza said. He also added that the judgment had "been unambiguous that the chief minister has the moral obligation to resign, failing which he should be dismissed. We want to see some political and moral action in the matter." These demands were similarly echoed by former union law minister Ramakant Khalap who resigned from the BJP two days ago. Mr Khalap said that the judgment exposed the flaws in Mr Parrikar's move to dissolve the House, and asked for central rule to ensure a free and fair election in Goa. Mr Parrikar's decision to dissolve the House on Feburary 27 to seek a new mandate just two years and seven months into the term had been challenged by the Congress. Four petitions had been filed by Congress leaders alone, and one by the MGP, challenging the use of the contingency fund to run the government. A host of legal luminaries adept in Constitutional law had descended on Goa to argue the case which had carried on for nearly a month. (Deccan Herald) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-W-E-B---S-I-T-E-=-=-= To Subscribe/Unsubscribe from GoaNet | http://www.goacom.com/goanet =================================================================== For (un)subscribing or for help, Contact: [EMAIL PROTECTED] Dont want so many e=mails? Join GoaNet-Digest instead ! =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Help support non-commercial projects in Goa by advertizing!! * * * * Your ad here !!
