HC reserves order on PIL challenging Govt appointments

Panaji, Aug 22 (UNI) The Panaji Bench of the Bombay High Court today reserved orders on a Public Interest litigation, challenging the Government appointments of six politicians with cabinet rank as unconstitutional and drain on the state exchequer.

The Digambar Kamat Government had appointed Mr Nilkanth Harlankar, Ms Victoria Fernandes and Mr Francisco Silveira as Parliamentary Secretaries with cabinet status.

It had also conferred cabinet status on Economic Development Corporation (EDC) Chairman Agnelo Fernandes, Deputy Chairman of Goa Planning Board Dr Wilfred De Souza and Commissioner of NRI Affairs Eduardo Faleiro.

Earlier today, the High Court bench comprising Justices Khandeparkar and Justice R S Mohite, had allowed the petitioner and social activist Advocate Airers Rodrigues to drop Ms Victoria Fernandes from the petition as the Government had recently revoked her appointment.

The High Court heard arguments at length and hinted that the order may be delivered by Friday.

Mr Rodrigues argued that the impugned appointments with cabinet rank was ''flagrant violation'' of the Constitution of India and that the very purpose of the 91st Amendment of the Constitution which restricts the Cabinet size, was to prevent the installation of jumbo cabinets and the resultant huge drain on the public exchequer.

Such appointments have necessarily to be tested on the touchstone of the 91st amendment, and cannot be used as a back door entry for ministers, he averred.

Relying on the Himachal Pradesh High Court judgment of 2005 which had set aside the appointments of Parliamentary Secretaries by the Himachal Pradesh Government, Mr Rodrigues stated that the High Court had termed the Parliamentary Secretaries as usurpers of public office since these appointments did not owe their origin to any constitutional or legal provision.

He also maintained that administering of oath of office by the Chief Minister to them was without any sanction of law.

Advocate General Subodh Kantak defending the Goa Government stated that appointment of Parliamentary Secretaries by Government is a long standing convention.

The Advocate General also stated that during the 2002 -2005 BJP rule Mr Vinay Tendulkar was appointed as Parliamentary Secretary and in June 2005 Mr Agnelo Fernandes.

The Advocate General as well as the advocates appearing for the other respondents submitted that the petitioner Adv Aires Rodrigues was a BJP sympathiser and that the petition was filed with political motives.

Strongly refuting this, Adv Rodrigues stated that though he had canvassed for the BJP in the recent assembly elections, he had always spoken out on any wrongs done by the BJP and had himself filed so many petitions on public issues during the BJP rule. Senior Counsel S K Kakodkar argued on behalf of the two Parliamentary Secretaries while Senior Counsel appeared for Dr Wilfred D'Souza. EDC Chairman Agnelo Fernandes and Commissioner of NRI Affairs Eduardo Faleiro were represented by Adv Carlos Ferreira.

UNI