Bombay HC Verdict On Parliamentary Secretaries Case On Jan 22

Bombay HC Verdict On Parliamentary Secretaries Case On Jan 22 1/19/2009 A division bench of the Bombay High Court at Goa will on January 22 deliver its verdict on the Public Interest Litigation (PIL) filed by social activist Adv Aires Rodriges, challenging the government appointments of parliamentary secretaries and others with cabinet status. The PIL challenged the appointment of Nilkanth Harlankar (NCP) and Francisco Silveira (Congress) as parliamentary secretaries and conferring of cabinet status on Economic Development Corporation (EDC) chairman Agnelo Fernandes, Deputy Chairman of Goa Planning Board Dr Wilfred De Souza (NCP chief) and Commissioner of NRI affairs Eduardo Faleiro. In his petition, Adv Rodriges has submitted that the appointment of parliamentary secretaries and conferment of rank/status of a Cabinet Minister on others was a ‘fraud on the Constitution of India and violation of the 91st Amendment, which was meant to restrict the size of the Cabinet and to prevent Jumbo size cabinets with a huge financial burden to the State Exchequer.’ It may be recalled that in 2005, the Himachal Pradesh High Court had set aside the appointments of Parliamentary Secretaries as unconstitutional. As directed by Bombay High Court Chief Justice Swatanter Kumar and Justice Nelson. A Britto on November 21 last year, Adv Rodriges, the Goa Government, the two parliamentary secretaries and the three other respondents -- whose cabinet status has been challenged -- had already filed their written arguments in the matter. If the appointments are held to be unconstitutional it could set off more political trouble for Chief Minister Digambar Kamat, who has been doing a balancing act holding the coalition government together. In his application dated October 7 last year, Adv Rodriges had urged the Chief Justice of the Bombay High Court for expeditious delivery of the judgement owing to the urgency in the matter as the appointments that were challenged were ‘a huge unnecessary burden on the state exchequer and were done for political expediency.’ Bombay High Court Chief Justice Swatanter Kumar and Justice Nelson A Britto had on March 19 last year, after hearing the final arguments in the matter, had reserved the judgment. The arguments on the PIL filed by Adv Rodriges on July 17, 2007 were initially heard by the High Court comprising Justice R M S Khandeparkar and Justice R S Mohite on August 22, 2007, and the matter was reserved for judgement. However, on August 24, 2007, the court did not pass any orders and adjourned the matter stating that it would not be appropriate to deal with it as a similar case relating to the validity of the appointment of Parliamentary Secretaries and conferment of status of Cabinet Ministers in Assam was pending before the Supreme Court. Adv Rodriges then moved the Supreme Court through a petition under Article 139-A (1) of the Constitution of India seeking transfer of the PIL for hearing along with the Assam case on appointment of parliamentary secretaries pending before the Supreme Court, as both the cases involved the same questions of law and of general public importance. However, on October 12, 2007, a division bench of the Supreme Court comprising Justice S H Kapadia and Justice B Sudershan Reddy directed that it was the Bombay High Court at Goa that should hear and decide the PIL. UNI

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