Luizinho-Jalmi challenge ordinance

sandesh prabhudesai, panaji | 01 April 2002 17:00 IST

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.


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