Luizinho - Jalmi challenge ordinance
Sandesh Prabhudesai
1 April 2002
Two former state opposition leaders, belonging
to the Congress and the Maharashtrawadi Gomantak Party,
have challenged the ordinance issued by the state governor,
allowing the BJP government to utilise public revenue through
the contingency fund.
In absence of the Assembly that was dissolved
on 27 February without presenting the annual budget, Governor
Mohammed Fazal issued the ordinance that increased the limit
of the contingency fund from Rs 10 crore to Rs 690 crore,
till 15 June.
The ordinance also inserted a new section
2A in the Goa Contingency Fund Act 1988, which allows to
pay into the contingency fund all revenues received by the
state government.
Congress leader Luizinho Faleiro, who was
the opposition leader at the time of Assembly dissolution,
has prayed for an interim relief to stay the operation and
implementation of the ordinance, pending hearing and final
disposal of the petition. He has also prayed that the ordinance
be declared unconstitutional, null and void.
MGP leader Dr Kashinath Jalmi, in a separate
petition, has prayed to strike down the ordinance, calling
it ultra virus to the constitution. Both the petitions will
be now heard on 3 April, along with pending hearing on two
other peititions filed earlier that challenge the Assembly
dissolution.
Faleiro's petition states that as per Article
266 of the constitution, all revenues and loans raised by
the state government through treasury bills are credited
to the consolidated fund and cannot be credited to the contingency
fund directly.
Jalmi's petition goes a step forward, stating
that insertion of Section 2A amounts to amending the Constitution
of India, when the state governor has no constituent powers
to do so. He has also claimed that the governor has powers
neither to increase the limit of the contingency fund nor
changing the functions of the consolidated fund.
Arguing that not making financial provisions
for the government by the Assembly amounts to constitutional
breakdown of the state machinery, Jalmi has also demanded
that imposition of the President's rule is the only solution.
Though both the petitions were mentioned
before Chief Justice of Mumbai High Court C K Thakker today,
he directed to club it together with the other two petitions
on 3 April and hear them accordingly.
The very fact that it was postponed to
Wednesday indicates that the matter in not of urgent nature,
stated chief minister Manohar Parrikar, while declining
to comment, stating that the matter is sub-judice. It was
apprehended earlier that the petitions may be heard today
itself.
