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Goa CM asked to prove majority by September 9

Goa Chief Minister Wilfred de Souza has been directed by Governor J F R Jacob to prove his strength in the state assembly by September 9.

Dr de Souza revealed this to the media today even as his predecessor Pratapsing Rane plans to move the Supreme Court against the order of the Goa bench of the Bombay high court, upholding his dismissal by the governor.

The court dismissed Rane's petition, refusing to go into the charge that the governor had dismissed his Congress government with a malafide intention.

''In the appointment or dismissal of the chief minister, the governor is the best judge of the situation and he alone is in possession of the relevant information and material on the basis of which he acts. The result, therefore, would be that such action cannot be subjected to judicial scrutiny at all... Any malafide actions of the governor may, therefore, conceivably be gone into by the President,'' states the court order.

As per Article 361(1), the governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office. Similarly, Article 163(2) clearly states that the governor's decision shall be final and the validity of anything done by the governor shall not be called in question.

The court has also agreed with noted constitutional expert H M Seervai's observation in the Madras high court that, in respect of his official acts, the governor is not answerable to the court even if the charge of malafides is correct.

Additional reportage: UNI

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