PRATAPSING RAOJIRAO RANE Vs. GOVERNOR OF GOA

JUDGEMENT

(1.) THE petitioner was Chief Minister of Goa when the Governor of Goa withdrew his pleasure and dismissed him vide Order dated 29th July, 1998 passed in exercise of powers vested under Article 164 (1) and other enabling provisions of the Constitution of India. By another Order of the same date the Governor of Goa appointed Dr. Wilfred Anthony DSouza (respondent No. 3) as Chief Minister of Goa in the exercise of powers vested under Article 164 (1) of the Constitution of India. Respondent No. 3 Dr. Wilfred DSouza as at that time Deputy Chief Minister of Goa. The petitioner seeks writ in the nature of certiorari or any other writ, direction or order or declaration that the said Orders bearing No. G/cm/98/258 (Exh. 1) and No. G/cm/98/260 (Exh. P-16) both dated 29th July, 1998 be quashed and set aside

(2.) BRIEF events which led to the passing of the said Orders are required to be stated at this stage.

(3.) THE petitioners case is;-At the general elections held to Goa Legislative Assembly in 1994, Indian National Congress (INC) secured 18 seats out of total number of 40 Assembly seats. The petitioner was elected as INC candidate. Maharashtrawadi Gomantak Party (MGP) secured 12 seats, Bharatiya Janata Party (BJP) secured 4 seats, United Goans Democratic Party (UGDP) secured 3 seats and the remaining three seats went to the Independent. The Governor of Goa vide Order dated 16th December, 1994, by virtue of Clause (1) of Article 164 of the Constitution of India, appointed the petitioner as Chief Minister of the State of Goa and oath of office and secrecy was administered to him on 16th December, 1994. The Governor of Goa asked the petitioner to secure Vote of Confidence on the floor of the House on 13th January, 1995. In the meanwhile, there was split in the MGP and four members of MGP were admitted to INC Legislature Party. The strength of INC Legislature Party thus increased from 18 to 22. At a later stage, there was split in UGDP and one of the three elected members was admitted to INC Legislature Party. The strength of INC Legislature Party thus increased from 22 to 23.