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2011 Supreme(Bom) 1320

F.M.REIS, D.G.KARNIK
Public Information Officer Joint Secretary to the Governor Raj Bhavan – Appellant
Versus
Manohar Parrikar Leader of Opposition – Respondent


Advocates Appeared:
For the Petitioners:S.S. Kantak, Advocate General with A. Kamat, Additional Government Advocate, Vivek Tankha, Additional Solicitor General with Mahesh Sana, Rishabh Sanchety, J. Supekar, Advocates.
For the Respondents:A.N.S. Nadkarni, Senior Advocate with R1, D. Lawande, Advocate, R1 & R2, Amey Kakotkar, Additional Government Advocate, with R3, A. Rodrigues, in person, Advocate.

Judgment :-

D.G. KARNIK, J.

1. By an order dated 22nd October 2008, the Court directed that Writ Petition No. 478 of2008 be fixed for final disposal at an early date. The petition was accordingly placed on board before us for final hearing. By an order dated 6th June 2011, the Court directed that Writ Petition No. 237 of 2011 be put up along with Writ Petition No. 478 of 2008. Accordingly these petitions are heard and disposed of by this common judgment as they involve common questions of law.

Facts in Writ Petition No. 478 of 2008


2. In July/August 2007, some changes occurred in the political equations and political situation in the State of Goa resulting in the Governor of Goa directing the Chief Minister to prove his majority in the Legislative Assembly. A resolution of the Vote of Confidence was passed in the Legislative Assembly, and the Speaker of the Legislative Assembly made a report to the Governor. In turn, the Governor of Goa sent his report to the Union Home Minister. On September 21, 2007, Mr. Manohar Parrikar, the Leader of Opposition (respondent no.1), made an application to the Public Information Officer (for short "the PIO") in the Secretariat of the Governor of Goa































































































































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