Panaji (Goa)
A legal notice has today been served on the Chief Secretary of Goa by Adv. Aires Rodrigues over the three-member Cabinet Advisory Committee (CAC) constituted to handle the day today affairs in the running of the Government in the absence of the Chief Minister Manohar Parrikar.
Demanding that the illegal and unconstitutional order constituting the CAC be rescinded, Adv. Rodrigues has in his notice stated that otherwise he would be constrained to move the High Court for appropriate orders.
Pointing out that on that on account of the illness of Chief Minister Shri Manohar Parrikar who had to be taken to Mumbai for further treatment and is now shifted to the United States of America, a three member Cabinet Advisory Committee (CAC) has been constituted to handle the day today affairs in the running of the Government in the absence of the Chief Minister, Adv. Rodrigues has stated that in terms of Article 163 of the Constitution, it is necessary to a have a council of Ministers headed by the Chief Minister and that upon the recommendations of the Chief Minister, the Governor allocates the portfolios to the individual ministers while the ministers have jurisdiction confined to their ministries.
Adv. Rodrigues has stated that unless there is an allocation of business of any other ministry, the concerned minister has no right nor jurisdiction nor any business to deal with files or matters of any other ministry and that even an Executive Order by the Chief Minister, without there being allocation of business would not permit such intrusion to be made.
Adv. Rodrigues has further stated that if the Chief Minister is indisposed it does not preclude portfolios from being re-allocated to ensure smooth functioning of the Government and neither does it prevent the ruling dispensation from electing a new legislative leader, who can run the affairs of the Government and discharge powers and functions of the Chief Minister.
Adv. Rodrigues has stated that the fact that the Chief Minister is unwell and apparently in a serious condition, warranting such an exercise of constituting the CAC which apart from being unconstitutional and having no legal standing reveals that the Chief Minister Manohar Parrikar is no longer in a position to function and discharge his duties as a Chief Minister.
Stating that it was imperative that Manohar Parrikar should have demitted office and not resorted to this subterfuge to cling on to power and hold the State to ransom, Adv. Rodrigues has stated that it is axiomatic that the decisions of this Cabinet Advisory Committee will never be binding nor be a substitute to the Chief Minister nor make their decisions legal and valid.
Adv. Rodrigues has also stated that the fact that Manohar Parrikar has not demitted office as Chief Minister itself reveals that he does not trust his cabinet colleagues nor members of his own political party to take on the mantle to serve as Chief Minister.
Adv. Rodrigues has called upon the Chief Secretary to immediately get the Cabinet Advisory Committee disbanded and restrain it from exercising powers and functions beyond the ministries allocated to each.
Adv. Rodrigues in his notice has stated that it was necessary that Goa should not lead the nation in making a mockery of the Constitution and of the Constitutional mandate by having a Government run by proxy.
