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CM seeks AG’s opinion over House dissolution

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PANAJI: Virtually ruling out the possibility of seeking dissolution of the state legislative assembly on technical grounds, Chief Minister Laxmikant Parsekar on Thursday said that he has sent the file pertaining to the matter to Advocate General Saresh Lotlikar for his legal opinion.

Speaking to ‘The Navhind Times’, Parsekar stated that he was not responsible for the present situation and it was the Election Commission of India which scheduled on March 11 the counting  of votes polled during the February 4 assembly elections.

Expressing his inability to call an assembly session within six months of the last session due to election process, Parsekar said, “When there is no fault of mine why I should seek dissolution of the assembly?” he questioned, maintaining that this situation has not created by his government.

Parsekar has held discussions on the matter with Lotlikar as well as additional solicitor-general of India Atmaram Nadkarni, the former AG of the state.

He said that Lotlikar and Nadkarni have been on the same page with him on the matter: there is no need to take an initiative by him for  dissolution of the assembly as there is no fault of the government.

“I believe that the government should continue to function, and as a CM I have been clearing routine files for the last three days. On Thursday, I have sent the file to the AG for his written legal opinion on the matter,” Parsekar said.

The Chief Minister said that he has not taken any policy decision recently under the current circumstances but instructed senior officials in various departments to clear files at their level.

When pointed out about a possible constitutional crisis if a legislative assembly session is not convened, Parsekar   said, “The dates for the assembly elections and the vote counting had been decided by the Election Commission. You would conduct elections today and keep vote counting six months from the polling day.  Is it fault of my government? I do not think that under current circumstances the constitutional crisis would arise.”

The last state assembly session was held on August 31, 2016. As per the Constitution, the next assembly session has to be held before February 28, 2017.

According to constitutional experts, as the model code of conduct will remain in force till counting of votes, two options are left. Either Parsekar can convene a cabinet meeting to recommend dissolution of the assembly before February 28 or failing which Governor Mridula Sinha can dissolve the assembly under Article 356 of the Constitution.


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