Agency
New Delhi: The Congress on Monday moved the Supreme Court challenging Goa Governor Mridula Sinha’s decision to appoint BJP leader Manohar Parrikar as the chief minister while in Manipur N Biren Singh was elected unanimously as the leader of the BJP Legislature Party and met Governor Najma Heptulla to stake claim to form the next government.
The hurriedly filed petition late in the evening was mentioned at the residence of Chief Justice J S Kehar, who agreed to give an urgent hearing tomorrow.
A special bench would be constituted as the apex court is on Holi break for a week.
The petition filed by Goa CLP leader Chandrakant Kavlekar has sought stay on the swearing-in of Parrikar as the chief minister.
The petition has also sought quashing of the decision of the governor to appoint Parrikar as the chief minister.
The petition, filed by advocate Devdutt Kamath, is likely to be argued by senior advocate Abhishek Manu Singhvi and has made the Centre and Goa as the parties.
The Goa CLP leader has argued that the Congress emerged as the single largest party in the polls and under the constitutional convention, the Governor was bound to invite the single largest party to form the government and give it the opportunity to prove majority in the floor test.
It said the decision of the governor is a blatantly unconstitutional action and is illegal, arbitrary and violative of the basic features of the Constitution.
He added that the decision was hastily taken by the governor on Sunday.
Further, the advocate said it was wrong on the part of the Governor to invite the BJP-led alliance for government formation as there was no pre-poll alliance.
In the 40-member House, the Congress has 17 MLAs, followed by the BJP with 13, the MGP (3), the GFP (3), the NCP (1) and Independents (3). Parrikar had on Sunday submitted evidence before Governor, the support of 13 MLAs of the BJP, 3 MLAs of the MGP, 3 of the Goa Forward Party and two Independent MLAs thus having a total strength of 21 MLAs in the 40-member assembly.
Meanwhile, in Manipur N Biren Singh was elected unanimously as the leader of the BJP Legislature Party and met Governor Najma Heptulla to stake claim to form the next government.
Incumbent Chief Minister O Ibobi Singh had already staked claim on Sunday night.
Sources said Biren met the governor at the Raj Bhavan.
“N Biren Singh has been unanimously elected leader of the BJP Legislature Party. He is the party’s chief ministerial candidate,” Union minister Piyush Goel told reporters. Goel said they enjoyed the support of smaller parties.
The Governor, however, stuck to what he had told Ibobi Singh last night that he would have to resign first to pave the way for a government formation.
“I have not received till today any resignation from the chief minister though I told him yesterday I can start the process of government formation only after you resign,” Heptulla said.
As per rules, until the present chief minister resigns, the process of next government formation cannot be started, a highly-placed Raj Bhavan source said.
In his meeting with Heptulla on Sunday night, Ibobi had flaunted a list of 28 Congress legislators. He also claimed to have the support of four National People’s Party MLAs. Deputy Chief Minister Gaikhangam and state Congress president T N Haokip had accompanied him to the Raj Bhavan.
The Raj Bhavan source said, “On seeing the names of the four NPP MLAs on an ordinary piece of paper, Heptullah asked Ibobi to bring the NPP president and the MLAs.”
The Governor said it was her duty to cross check claims and counter-claims and that she would not accept an ordinary piece of paper as the “letter of support” unless she meets the NPP MLAs, the source said.
