PANJIM/NEW DELHI: The Supreme Court on Tuesday requested the Goa Governor to ensure a floor test on Thursday as the only agenda for the day to decide whether Chief Minister Manohar Parrikar has the support of the majority.
Congress Legislative Party leader Chandrakant Kavalekar had approached the Supreme Court challenging Goa Governor Mridula Sinha’s decision to invite BJP to form the government despite it being the second largest party in the Assembly as Congress with 17 MLAs had emerged as the single largest party.
Disposing off the petition, the Special Bench headed by Chief Justice J S Khehar asked the petitioner why it did not prove its majority before Governor. “You (Congress) don’t have the numbers and that’s why you didn’t claim to form government… You haven’t demonstrated before the Governor that number is in your favour,” Court said.
“If you had the numbers, you would have held a dharna (protest) at the Governor’s house,” the Supreme Court said, adding, “If you had shown the support of other MLAs, than there would have been a case. So far you have not refuted the claims and numbers of BJP.”
The Court clearly stated that Congress should have demolished other side’s case (BJP) by saying they have the numbers. “Inviting single largest party is just subject to number,” CJI said.
The top court then directed the floor test as the only business of the House after swearing in of the members. It further directed that all pre-requisites for holding the floor test be completed by tomorrow, including Election Commission related formalities.
Courts are on holiday, but Chief Justice of India JS Khehar and other judges heard the petition on account of its political urgency. The government was represented by Additional Solicitor General Maninder Singh, whereas Harish Salve represented the Governor of Goa. Senior Advocate Abhishek Manu Singhvi appeared for Congress.
Congress claimed that the Governor has not followed constitutional convention of inviting the single largest party to form the government. The Governor’s action were pre-advised and pre-determined.
Salve submitted that the Governor was correct in calling BJP to form the government excercising power under Article 164 (1) of the Constitution.
CJI said that the Supreme Court decided Arunachal Pradesh judgement, the top court had held that in few conditions Governor can take decisions and Goa was among them.
Singhvi insisted on the floor test immediately on Tuesday or on Wednesday staying the swearing-in of Parrikar, but the Court disagreed to interfere in the Governor’s decision to invite Parrikar to take oath and ordered the floor test on March 16 only after the ‘formalities”’ of constituting the new House are completed by the Election Commission.
The court took on record the CLP leader’s communication to the Governor on March 12, 2017 staking claim, but noted that it was shown to be served only the next day after the Governor had issued an order appointing Parrikar as the Chief Minister.
Meanwhile, BJP and Congress welcomed the Supreme Court order expressing confidence in proving their majority during the floor test. “We have 23 MLAs and hence we have a clear majority to prove. We welcome the Supreme Court decision,” BJP president Vinay Tendulkar told media persons.
State Congress President Luizinho Faleiro also said he welcomes the court order that has given them the opportunity to prove the majority.
