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Will SC stop Parrikar from becoming Goa CM? You will know in a few hours

By Vicky
|
Google Oneindia News

In a few hours from now a special bench of the Supreme Court will hear a petition challenging the formation of the Goa government by the Bharatiya Janata Party. A special bench was constituted by Chief Justice of India, J S Khehar upon urgent mentioning. The bench will hear the matter on an urgent basis despite it being a holiday for the Supreme Court on account of Holi.

Manohar Parrikar

Manohar Parrikar is set to take oath at 5 pm on Tuesday. The ceremony would however now be subject to the outcome of the petition in the Supreme Court which is likely to hear the matter at around 10.30 am.

The petitioner had given various citations to support his petition in which it has been stated that the single largest party should be given the first chance to form the government. The Congress is the single largest party in Goa, but the BJP which came second managed to dish out the numbers with support of other parties to stake a claim at the government formation in Goa. One of the cases cited relates to the one in Bihar. A Constitutional Bench had pulled up then Bihar Governor, Bhuta Singh for recommending that the assembly which was in suspended animation be dissolved without giving the Nitish Kumar-BJP alliance a chance to prove its majority. This despite the party being in a majority.

The petition filed by Goa Congress legislator Chandrakant Kavlekar challenged the Governor's decision to invite Parrikar to form the government. He said that in a hung assembly it should be the largest party which should be invited first to form the government. The Congress is the single largest party in Goa and should have been invited to form the government he also said. The petitioner also said that the Governor should have invited the Congress to form the government first according to the guidelines laid down in the Rameshwar Prasad judgment.

The judgment makes it clear that the single largest party be given the first chance to the form the government in case of a hung assembly. He further cited the Sakaria Commission recommendations which are identical to the Rameshwar Prasad judgment. The invite to Parrikar is against Constitutional practise, the petitioner also said.

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