WWW.LIVELAW.IN 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C)No.......D No.8311 OF 2017 CHANDRAKANT KAVLEKAR

.......PETITIONER

VERSUS

UNION OF INDIA THROUGH ITS SECRETARY & ANR.

.......RESPONDENTS

O R D E R 1.

The challenge raised in the instant petition emerges from

a Press Note dated 12.03.2017 – Annexure P-1, and the grievance with reference to the same, emerging from a communication dated 12.03.2017 – Annexure P-3, addressed by the leader of the Congress Legislative Party, to the Governor of the State of Goa (which is shown to be served on 13.03.2017). 2.

During

the

course

of

hearing

today,

an

order

dated

12.03.2017, was handed over to us, depicting the appointment of Shri Manohar Parrikar, as the Chief Minister of the State of Goa. The above order is taken on record and marked as `Annexure-A'.

The

above order is stated to have been issued after a letter dated 12.03.2017

was

addressed

by

the

Governor,

to

Shri

Parrikar.

The instant letter is also taken on record and marked as `Annexure - B'. 3.

It is not a matter of dispute, that the result of the

electoral process in the State of Goa was declared on 11.03.2017.

WWW.LIVELAW.IN 2 The said Assembly comprises of 40 elected members. The party having support

of

at

majority. members

least

Annexure from

the

21 -

BJP

elected

B

members,

reveals,

that

Legislative

would

besides

Party,

3

obviously the

13

members

have

elected

from

the

Maharashtrawadi Gomantak Party, Goa, and another 3 members from the Goa

Forward

Legislature

Party Party.

have

expressed

Besides

the

their

above,

support

two

to

elected

the

BJP

independent

members, have also been mentioned in the letter of the Governor – Annexure-B,

as

having

Legislature Party.

expressed

their

allegiance

to

the

BJP

It is therefore, that the BJP Legislature Party

is shown to have the support of 21 MLAs. 4.

In

the

hereinabove,

the

disputed.

communication aforesaid



Annexure

factual

position

P-3, has

referred

been

to

seriously

The support in favour of the BJP is alleged to be a

mis-representation of fact. The position expressed in the above communication, has however not been specifically disputed. It is in the above manner, that the determination rendered by the Governor, has been assailed at the behest of the petitioner, who indeed is the Leader of the Congress Legislature Party. 5.

During the course of hearing, we were satisfied, that the

instant sensitive and contentious issue raised on behalf of the petitioner, can be resolved by a simple direction, requiring the holding of a floor test at the earliest.

The holding of the floor

test would remove all possible ambiguities, and would result in giving the democratic process, the required credibility. 6.

We

therefore

hereby

direct,

that

all

pre-requisite

formalities for holding a floor test, including the formalities

WWW.LIVELAW.IN 3 required to be completed by the Election Commission, be completed by 15.03.2017. We request the Governor of the State of Goa to ensure, that a floor test is held on 16.03.2017, and the only agenda

for

determine

the

day

whether

would

the

be,

Chief

the

holding

Minister

of

a

administered

floor

test

to

the

oath

of

office, has support of the majority. The floor test shall be held on 16.03.2017, as early as possible, but surely during the course of the same day. 7.

With the above directions and observations, the instant

petition is disposed of. 8.

As

a

sequel

to

the

above,

pending

interlocutory

application(s) also stand(s) disposed of.

.........................CJI. (JAGDISH SINGH KHEHAR)

..........................J. (RANJAN GOGOI)

….........................J. (R.K.AGRAWAL) NEW DELHI; MARCH 14, 2017.

WWW.LIVELAW.IN 4 ITEM NO.1

COURT NO.1

SECTION X

S U P R E M E C O U R T O F RECORD OF PROCEEDINGS Writ Petition(s)(Civil) Diary

I N D I A

No(s).8311/2017

CHANDRAKANT KAVLEKAR

Petitioner(s) VERSUS

UNION OF INDIA THROUGH ITS SECRETARY & ANR.

Respondent(s)

(With appln.(s) for stay/directions) Date : 14/03/2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE R.K.AGRAWAL (VACATION BENCH) For Petitioner(s)

Dr.Abhishek Manu Singhvi, Sr.Adv. Mr.Devadatt Kamat, Adv. Ms.Lavanya Regunathan Fischer, Adv. Mr.Javedur Rahman, Adv. Mr.Gautam Talukdar, Adv. Mr.Azeem Samuel, Adv. Mr.Siddhartha K., Adv.

For Respondent(s) For UOI

Mr.Maninder Singh, ASG Mr.Nalin Kohli, Adv. Mr.Ashok K.Srivastava, Adv. Mr.R.Balasubramanian, Adv. Mr.Prabhas Bajaj, Adv. Mr.D.L.Chidanand, Adv. Mr.Ankit Roy, Adv. Mr.B.K.Prasad, Adv. Mr.Harish N.Salve, Sr.Adv. Ms.Vijay Lakshmi Menon, Adv. Mr.Anish Kapur, Adv. Mr.Haaris Fazili, Adv. Mr.Chaitanya Kaushik, Adv.

For RR No.2

Ms.Surekha Raman, Adv. Mr.Purushottam K.Jha, Adv. Mr.Anuj Sarma, Adv. Ms.Niharika, Adv. Mrs.Kanika Kalaiyarasan, Adv. For M/s K.J.John & Co., Adv.

WWW.LIVELAW.IN 5 Upon hearing the counsel the Court made the following

O R D E R

1.

We hereby direct, that all pre-requisite formalities for

holding a floor test, including the formalities required to be completed by the Election Commission, be completed by 15.03.2017. We request the Governor of the State of Goa to ensure, that a floor test is held on 16.03.2017, and the only agenda for the day would be, the holding of a floor test to determine whether the Chief Minister

administered

the

oath

of

office,

has

support

of

the

majority. The floor test shall be held on 16.03.2017, as early as possible, but surely during the course of the same day. 2.

With the above directions and observations, the instant

petition is disposed of. 3.

As

a

sequel

to

the

above,

pending

interlocutory

application(s) also stand(s) disposed of.

(SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)

Goa Government Formation.pdf

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