Daijiworld Media Network - Goa (MB)
from special correspondent

Panaji, Jul 24: The Panaji bench of the Bombay High Court comprising of Justice R S Mohite and Justice N A Britto on Tuesday adjourned by two weeks hearing on the ;ublic interest litigation (PIL) filed by social activist adv. Aires Rodrigues challenging the appointments of Nilkanth Harlankar, Victoria Fernandes and Francisco Silveira as parliamentary secretaries and conferring of cabinet status to EDC chairman Agnelo Fernandes, deputy chairman of Goa Planning Board Dr Wilfred De Souza and commissioner of NRI affairs Eduardo Faleiro.

The Court today directed that notices be issued to the deputy chairman of Goa Planning Board Dr Wilfred De Souza and commissioner of NRI affairs Eduardo Faleiro, as they were not represented in Court today. The court also directed that all the respondents file their affidavits in reply.

Adv. Aires Rodrigues today submitted to the court that the appointments of the three parliamentary secretaries and conferring cabinet status on chairman of the EDC Limited, deputy chairman of State Planning Board, and commissioner of NRI affairs was in flagrant violation of law and a fraud on the Constitution of India.

When asked by the judges as to what would be the functions and responsibilities of the parliamentary secretaries, advocate general Subodh Kantak, appearing for the state, told the court that as the chief Minister was overburdened with many portfolios, the parliamentary secretaries would assist the chief minister in his work including preparing replies for assembly questions.

In his petition adv. Rodrigues has stated that the appointments have been made with a tearing hurry for political patronage with ulterior motives and are illegal, arbitrary and mala fide, besides being patently unconstitutional.

Adv. Rodrigues has stated that the very purpose of the 91st Amendment of the Constitution, which restricts the cabinet size, was to prevent the installation of jumbo cabinets and the resultant huge drain on the public exchequer.

Adv. Rodrigues has stated that for political expediency the government has appointed cabinet ministers through the backdoor, thereby acting in willful and malafide derogation of the constitutional mandate and defeating the very purpose of the Constitutional amendment.

Adv. Rodrigues has prayed for an order under article 226 of the Constitution of India directing the government to cancel and revoke the appointments of the parliamentary secretaries and the conferring of the cabinet status/rank on chairman EDC, vice-chairman Goa Planning Board and commissioner of NRI affairs.

Today adv. S K Kakodkar appeared for Nilkanth Harlankar, Victoria Fernandes and Francisco Silveira while adv. Carlos Ferreira represented  EDC chairman Agnelo Fernandes.