Activist challenges cabinet appointments of six politicians

Panaji, July 16 (UNI) Noted social activist Aires Rodrigues today filed a public interest petition in the Panaji Bench of Bombay High Court, challenging as ''unconstitutional'' the Digambar Kamat government's appointment of six politicians on posts equivalent to cabinet rank for ''political expediency'', disregarding its impacat on the public exchequer.

Considered to be the first such PIL against the five-week-old Digambar Kamat Government, it will come up for hearing on July 24 before the high court bench comprising of justice R S Mohite and Justice N A Britto.

Stating that the appointments were a ''flagrant violation of Article 164(1A) of the Constitution'' according to which the number of ministers, including the Chief Minister of Goa, should not exceed 12, Mr.Rodrigues prayed the court to direct the government forthwith for cancellation and revocation of the impugned appointments under Article 226 of the Constitution.

Pending hearing of the petition, the petitioner sought restrainment of the six politicians from enjoying the status/benefits of Cabinet Ministers in any manner whatsoever.

The Kamat government had appointed three MLA's, Mr Nilkanth Halarnkar (Tivim-NCP), Mrs Victoria Fernandes (Santa Cruz-Cong) and Mr Francis Silveira (St Andre-Cong), as Parliamentary Secretaries with the rank/status of Cabinet Minister.

It had further appointed Congress legislator from Calangute Mr Agnelo Fernandes as Chairman of the EDC Limited and former deputy chief minister and now President of the NCP Dr Wilfred D'Souza (who lost from Saligao) as Deputy Chairman of State Planning Board, and former union minister Eduardo Faleiro as commissioner of NRI affairs- all with Cabinet status.

Adv Rodrigues had, last week, in a notice to the government, demanded immediate revocation and cancellation of the appointments, which, if not done within three days, he said, he would be constrained to move a public interest litigation before the High Court of Bombay at Panaji for appropriate reliefs.

He had also sent copies of the legal notice to Governor S C Jamir and Chief Minister Kamat, besides the appointees.

The appointments, had defeated the very purpose of the amendment of the Constitution meant for preventing installation of jumbo cabinets and the resultant huge drain on the public exchequer,'' he said.

''For political expediency, the government had appointed them through the backdoor thereby acting in wilful and malafide derogation of the constitutional mandate and defeating the very purpose of the constitutional amendment,'' he said.

The petitioner further contended that the Chief Minister did not have any power or authority under the law to give the oath of office and secrecy to the Parliamentary Secretaries.

''The appointments have ben made with tearing hurry for political patronage with ulterior motives and are illegal, arbitrary and malafide besides being patently unconstitutional,'' he added.

UNI