Hearing on PIL challenging govt appointments adjourned

Panaji, July 24 (UNI) The Panaji Bench of the Bombay High Court today adjourned by two weeks the hearing on a petition challenging the appointment of six politicians to posts with Cabinet ranks.

Social activist and advocate Aires Rodrigues has challenged the appointments of Mr Nilkanth Harlankar, Ms Victoria Fernandes and Mr Francisco Silveira as Parliamentary Secretaries, and Mr Agnelo Fernandes as EDC Chairman, Dr Wilfred De Souza as Deputy Chairman of the Goa Planning Board and Mr Eduardo Faleiro as Commissioner of Non-Resident Indian (NRI) affairs, all posts with Cabinet status.

A Division Bench, comprising Justices R S Mohite and N Am Britto, directed that notices be issued to Dr Wilfred De Souza and Mr Eduardo Faleiro as they were not represented in the court today. The court also directed all the respondents to file their replies in affidavits.

Advocate Rodrigues submitted before the court that the appointments conferring cabinet status on them was in violation of the law.

Asked as to what would be the functions and responsibilities of the Parliamentary Secretaries, Advocate General Subodh Kantak appearing for the State, told the Court that as the Chief Minister was overburdened with many portfolios, the Parliamentary Secretaries would assist the former in his work, like preparing replies for assembly questions.

In his petition, advocate Rodrigues has stated that ''the appointments have been made in a tearing hurry for political patronage with ulterior motives and are illegal, arbitrary and malafide, besides, being patently unconstitutional.'' ''The very purpose of the 91st amendment of the Constitution, which restricts Cabinet size, was to prevent the installation of jumbo Cabinets and the resultant huge drain on the public exchequer,'' he told the Court.

He stated that for political expediency, the state government had made the appointments, ''through the back door, thereby acting in willful and malafide derogation of the Constitutional mandate and defeating the very purpose of the Constitutional amendment.'' He had prayed for an order under article 226 of the Constitution, directing the government to cancel and revoke the appointments of the Parliamentary Secretaries and the conferring of Cabinet rank on the Chairman of EDC, Vice-Chairman of Goa Planning Board and the Commissioner of NRI affairs.

Advocate S K Kakodkar appeared for Mr Nilkanth Harlankar, Ms Victoria Fernandes and Mr Francisco Silveira, while advocate Carlos Ferreira represented EDC Chairman Mr Agnelo Fernandes.

UNI