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EXPRESS NEWS SERVICE
PANAJI, Aug 3: Goa's new Chief Minister Wilfred D'Souza today crossed a major hurdle when the Panaji bench of the Bombay High Court quashed Speaker Tomasinho Gardozes interim order preventing D'Souza and nine other breakaway group MLAs from participating in the proceedings of the House.
This paved the way for allocation of portfolios to the ministers.
The Division Bench of Justice R K Bhatta and Justice J A Patil heard the petition of the group, ‘Goa Rajiv Congress Party (GRCP), and reserved the orders.
The ‘‘impugned order cannot be sustained, the Bench observed while allowing the petition of the GRCP.
GRCP had filed the petition in the high court challenging the ad interim order of the speaker.
The House had witnessed unprecedented pandemonium and uproar by the members of the GRCP and Opposition on Tuesday last in protest against the Speakers order.
The ten legislators who split and helped topple the Pratapsinh Rane government were not allowed to sit in the Assembly as Rane had filed a petition PANAJI, Aug 3: Goa's new Chief Minister Wilfred D'Souza today crossed a major hurdle when the Panaji bench of the Bombay High Court quashed Speaker Tomasinho Gardozes interim order preventing D'Souza and nine other breakaway group MLAs from participating in the proceedings of the House.
This paved the way for allocation of portfolios to the ministers.
The Division Bench of Justice R K Bhatta and Justice J A Patil heard the petition of the group, ‘Goa Rajiv Congress Party (GRCP), and reserved the orders.
The ‘‘impugned order cannot be sustained, the Bench observed while allowing the petition of the GRCP.
GRCP had filed the petition in the high court challenging the ad interim order of the speaker.
The House had witnessed unprecedented pandemonium and uproar by the members of the GRCP and Opposition on Tuesday last in protest against the Speakers order.
The ten legislators who split and helped topple the Pratapsinh Rane government were not allowed to sit in the Assembly as Rane had filed a petitionbefore the Speaker seeking their disqualification.
Though the hearing by Speaker Gardoze was scheduled to take place on July 28, a public notice issued in this regard gave the date of hearing as August 28. Consequently, the ten defectors did not turn up for the hearing. The Speaker then issued an ex-parte order preventing them from attending the Assembly proceedings on the afternoon of July 28. The order was served on the members when they attended the assembly.
The judges while setting aside the Speakers order noted that it violated the principles of natural justice. The Bench felt that the Speakers order was passed in great haste. They ruled that the Speaker though enjoys the right to issue such orders including interim, ad interim and ex-parte, these must be exercised only in the rarest of rare cases where there is a necessity. The judgement noted that the Speakers decision overshadowed the confidence motion of Rane and the passage of the finance bill.
Thanks to the Speakers order, Rane won the voteof confidence. The Speaker refused to take into account the participation of the dissidents numbering ten in all. Even the finance bill was passed without a debate in the forty member house. With just fifteen members from the Congress and two independents on its side the Rane faction managed a simple majority in the House after the disqualification of the ten dissidents. Eventually five days ago the Pratapsinh Rane government was dismissed by Governor Jacob on the grounds that his order to Rane to obtain the confidence vote was not obeyed in letter and spirit.
Talking to mediapersons earlier, D'Souza had said he would seek the trust vote soon after the Speaker disposes of a petition filed by Rane seeking disqualification of GCRP members under the Anti-Defection Act.
‘‘If I am not disqualified then the very next day I will seek the vote of confidence and if the decision goes against me then I will move the court praying for a stay against the Speakers verdict, D'Souza said.
The governor had given 21 daystime to D'Souza to seek the trust vote.
Speaker Cardozo has adjourned the hearing on the petition till tomorrow as the petitioner had asked for time.
Meanwhile, D'Souza has kept the key departments of home and finance with him. Announcing the portfolios of his 12-member coalition government here today, D'Souza said he has also kept with him the departments of general administration, personnel, vigilance and town and country planning. The distribution of portfolios was earlier withheld in view of the Speakers order restraining the breakaway group from participating in the proceedings of the assembly.
Kashinath Jhalmi will be in charge of law, legislative affairs, labour and employment. The lone woman in the cabinet Fatima de Sa will be in charge of transport, women and child development, public grievances and official languages.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
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