Act 356 to be imposed in Goa ?
GOANEWS DESK, PANAJI | 06 February 1999 11:32 ISTWould the ‘untouchable’ article 356 be used in Goa with both the national parties, the Congress and the Bharatiya Janata Party, agreeing to dissolve the House and impose President’s rule in the tourist state?
The question is being heatedly debated in the political circles here while desperate efforts are also on to remain the caretaker chief minister till elections, if Goa Assembly goes for premature dissolution.
The tug-a-war is between chief minister Luizinho Faleiro, who has to now prove his majority in the House on Monday, and former chief minister Dr Wilfred de Souza, who has staked his claim to form a coalition government once again, with the help of the opposition.
But the Bharatiya Janata Party, one among the opposition having only four members in the 40-member House, however holds the key to whether de Souza would take over from Faleiro or compel governor J F R Jacob to recommend the President’s rule under article 356.
Faleiro’s is the fourth government which has plunged into crisis in last seven months as only two of his ministers resigned and supported de Souza’s coalition. While the Congress had 21 members including two independents, de Souza’s strength was six of his Goa Rajiv Congress, eight of the Maharashtrawadi Gomantak Party and four BJP, besides one independent, making it 19.
The BJP obviously supported Dr Willy to stake his claim and compel Faleiro to seek confidence vote after two from the ruling camp shifted sides. But they are still not committed to support him to form the government. "We will decide our strategy about the new government only after seeing the results of the confidence vote", says BJP spokesperson Manohar Parrikar.
The BJP has publicly declared that they want early polls by May or June and not interested in supporting any government, as they had supported de Souza from outside from August to November. They have now offered conditional support to de Souza, provided his coalition government recommends dissolution of the House, paving way for early polls.
De Souza is also not averse to the idea, but is still exploring other ways to try and continue in power till scheduled time for elections in November. Claiming support of two more Congress MLAs, he is persuading even more Congress MLAs to shift over. "Situation has not arisen to impose President’s rule here" he says while discarding the possibility.
"You cannot trust these greedy politicians. We want a firm assurance", says Parrikar. Even the general public is frustrated with the state of affairs as the legislators are now splitting without even forming a group of one third, to save themselves from attracting provisions of anti-defection act.
Deu Mandrekar, 76-year old sole scheduled caste member in the House, has defected fourth time during the existing term, without giving any justifiable reason. Neither de Souza nor Mandrekar is worried even if he is disqualified since the opposition coalition would still have majority on its side.
On the other hand, presuming defeat on Monday, the Congress has already demanded the President’s rule in the state, but wants the governor to propose it. However, having an option to invite de Souza to form the government, neither the governor nor the central government would prefer touching article 356, disclose Raj Bhavan sources.
Both the Congress as well as the BJP however do not oppose the idea of imposing President’s rule, provided the other party recommends to the centre to use article 356. "Let them do it, we will support it", say both Faleiro and Parrikar.
But if de Souza does not agree to recommend dissolution immediately after taking over from Faleiro, then the BJP is planning to create a situation which would leave no other option for the governor than recommending use to Article 356 and imposition of the President’s rule.
By not supporting any party to form the government, the BJP is planning to create a situation of "failure of constitutional machinery as the government of the state cannot be carried on", since no party would be in a position to form the government.
The Congress, disclose the sources, has also agreed to support the BJP on this plank as it would keep de Souza away from being the caretaker chief minister till elections are held. Sources close to de Souza however claim that they have already chalked out an alternate plan to counter the BJP’s gameplan and form the government without even the BJP supporting de Souza.
Pointing out at BJP president Kushabhau Thackeray’s statement that his local unit would not support the de Souza government, Faleiro feels even the governor would be left with no other option than to go for dissolution and recommend President’s rule.
The picture however would be clear only on Monday when Faleiro faces the floor test. If Faleiro wins it by persuading some opposition members to cross over on his side, it has to be seen whether the Congress would then take a risk of continuing in power or recommending dissolution, as that would keep the Congress as the caretaker government.
