Cong files petition in HC
Sandesh Prabhudesai
11 March 2002
The war on the demand of imposing President's
rule is heating up in Goa with the opposition Congress rushing
to the court while the ruling Bharatiya Janata Party bent
upon issuing ordinance for appropriation without presenting
the annual budget.
The state is presently gripped with a debate
on constitutional pros and cons since the ruling BJP went
ahead with dissolution of the 32-month old Assembly, in
order to avert a split in the ruling party for yet another
toppling, on the eve of budget session.
On the other hand, all the political parties
have also pulled up its sleeves for fresh Assembly polls,
which may be held during summer vacation, before monsoons
arrive here in the first week of June.
The petition, filed by former opposition
leader Luizinho Faleiro, basically asks for interim relief
to restrain the government on taking any policy decision
as if the election code of conduct is applicable and prohibit
them from making any kind of expenditure, except the routine
matters.
While suggesting that President's rule
is the only solution to put an end to all the controversies,
the petition has also alleged that Governor Mohammed Fazal
has grossly abused his constitutional powers by dissolving
the House.
The petitioner also fears further violation
of constitutional powers by the governor as chief minister
Manohar Parrikar has publicly stated that the governor will
issue an ordinance for appropriation, wherein money will
be transferred from consolidated fund to the contingency
fund, based on the advise of the cabinet.
Parrikar claims that the concerned central
bureaucrats as well as union minister Pramod Mahajan has
given him a green signal to lift funds from contingency
for routine expenditure like salaries etc since such a fund
is meant for 'unforeseen circumstances'.
The legal experts however argue that contingency
fund is meant only for 'unforeseen expenditure' (not circumstances)
and the governor has no powers, even under Article 213,
to issue an ordinance regarding money matters of appropriation
of funds when the Assembly also does not exist.
One of the experts also quotes Subhash
Kashyap, former secretary general of Lok Sabha for 27 years,
stating that 'an ordinance for appropriation out of the
consolidated fund of any moneys is invalid if relative demand
for grants have not been placed, considered and assented
to by the House.'
The issue had cropped up since the BJP
had gone ahead with dissolution under Art 174 (2) b, which
does not provide for passing of the budget through Parliament,
unlike Art 356. Experts here still opine that the governor
is not authorised to pass any ordinance regarding fund appropriation,
especially when the Assembly is dissolved.
Meanwhile, after staging a dharna in front
of the Raj Bhavan soon after dissolution, the opposition
Congress today also organised an impressive morcha in the
capital city, demanding President's rule and recall of the
governor. Congress observer Ramesh Chennithala was personally
down in Goa to plan out strategies.
Chief minister Parrikar however plans to
go ahead with his plans to resolve in the cabinet next week,
advising the governor to issue the ordinance to lift money
from the contingency fund for routine foreseen expenditure,
for the period of four months.
