- (1.) The challenge raised in the instant petition emerges from a Press Note dated 12.03.2017 - Annexure P-1, and the grievance with reference to the same, emerging from a communication dated 12.03.2017 - Annexure P-3, addressed by the leader of the Congress Legislative Party, to the Governor of the State of Goa (which is shown to be served on 13.03.2017).
(2.) During the course of hearing today, an order dated 12.03.2017, was handed over to us, depicting the appointment of Shri Manohar Parrikar, as the Chief Minister of the State of Goa. The above order is taken on record and marked as 'Annexure-A'. The above order is stated to have been issued after a letter dated 12.03.2017 was addressed by the Governor, to Shri Parrikar. The instant letter is also taken on record and marked as 'Annexure-B'.
(3.) It is not a matter of dispute, that the result of the electoral process in the State of Goa was declared on 11.03.2017. The said Assembly comprises of 40 elected members. The party having support of at least 21 elected members, would obviously have majority. Annexure - B reveals, that besides the 13 elected members from the BJP Legislative Party, 3 members from the Maharashtrawadi Gomantak Party, Goa, and another 3 members from the Goa Forward Party have expressed their support to the BJP Legislature Party. Besides the above, two elected independent members, have also been mentioned in the letter of the Governor - Annexure-B, as having expressed their allegiance to the BJP Legislature Party. It is therefore, that the BJP Legislature Party is shown to have the support of 21 MLAs.;