PANAJI: The Leader of Opposition in the House Pratapsingh Rane stated that Congress expects the Governor Mridula Sinha to dissolve the House and follow the Rule of Law.
Addressing the media jointly, Pratapsingh Rane and GPCC president Luizinho Faleiro stated that the Governor should uphold the Constitution and should not act as a rubber stamp of the government. They said the Constitutional provision should be honoured and protected by the Governor.
They said the Constitution of the country mandates the Governor to call for an Assembly session within six months of the last date of the sitting of the House.
The present government knows this well and it cannot take shelter under the garb of election code of conduct, they said, quoting the Supreme Court in the matter of Special Reference No 1/2002 reported in (2002) 8 SCC 237(known as the Gujarat Reference) that has held that Article 174 is mandatory and only when the state assembly is dissolved and the House is kept under suspended animation in exercise of power under Article 356 of the Constitution, that the mandate of Section 174 cannot be insisted.
They said it is well settled that when the chief minister does not recommend the summoning of the House, it is the duty of the Governor to fulfil the Constitutional mandate, adding, if the government of the day seeks to continue in office without having the meeting within six months then this will be wholly unconstitutional and the government will be an unconstitutional government.
They said the Governor, who is bound to uphold the Constitution and the Rule of Law, is duty bound to exercise the discretion either to summon the House or dissolve the House, if no summoning of the House is done. Such a long wait gives only rise to suspicion, they stated.
They also cited irregularities in ballot paper voting and sought North Goa Collector’s intervention in it.