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2009 Supreme(Bom) 105

SWATANTER KUMAR, N.A.BRITTO
Aires Rodrigues – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Mr. S.S. Kantak, Advocate General with Mr. A. Kamat, Additional Government Advocate, for the Respondent No.1.
Mr. S.K. Kakodkar, Senior Advocate with Mr. Nitin Sardessai, for the Respondent Nos. 2 and 4.
Mr. C.A. Ferreira, for the Respondent No.5.
Mr. Amey Kakodkar, for the Respondent No.3.
Mr. V. Braganza, for the Respondent No.6.
Mr. V.A. Lawande, for the Respondent No.7.

JUDGMENT

SWATANTER KUMAR, J.

1. The petitioner who is a practising advocate and who also claims to be a public spirited citizen, has approached this Court by way of present Public Interest Litigation under article 226 of the Constitution of India wherein, on the strength of constitutional mandate contained in Article 164(1-A) of the Constitution of India, he questions the authority of respondent Nos. 2 to 4 to hold the posts of Parliamentary Secretaries and enjoy the status of Cabinet Minister and also questions respondent Nos. 5 to 7 appointed to different posts in the State administration, as to how they enjoy the status and rank of Cabinet Minister. He also prays that the orders at Annexure P-2 collectively and P-4 collectively relating to respective group of respondents be revoked and cancelled being violative of the constitutional mandate.

2. It is the case of the petitioner that the recent Assembly Elections which were held in May 2007, resulted in the fractured mandate from the electorate, with the Congress bagging 17 seats, BJP 14, NCP 3, MGP 2, Save Goa Front 2 and Independents winning 2 seats. As a consequence of this people's mandate, the Congress opted for support of its a























































































































































































































































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