Monday, March 14 2005 17:57 Hrs (IST) - World Time -

New Delhi: The Supreme Court today (Mar 14, 2005) said it would continue hearing the petition filed by former Goa Chief Minister Manohar Parrikar challenging Governor's decision to dismiss the BJP (Bharatiya Janata Party) Government and install Congress Government before imposition of President Rule in the State.

A Bench comprising Chief Justice R C Lahoti and Justice G P Mathur asked Parrikar's counsel and former Attorney General Soli J Sorabjee to file an affidavit along with the Presidential proclamation.

When the Bench sought to know as to why the matter be kept pending and be not disposed, Sorabjee said the order proclaiming President rule in the State has to be put before Parliament for approval and if it was not approved then status quo ante would be restored leading to reinstatement of Pratapsingh Rane Government, which Parrikar has challenged.

The Court posted the matter for further hearing after two weeks even as Sorabjee said the Court needed to hear the petition as this was a constitutional question arising time and again in various States.

Raising several issues, he said the Court should decide whether the Governor could dismiss a duly elected Council of Ministers which has proved its majority on the floor of the House and has in fact won a vote of confidence.

Moreover, the other issue the Court had to decide was "whether the Governor has jurisdiction to sit in appeal over or question the legality of the Speaker's action.

"Whether for the purpose of ascertaining the outcome of a floor-test, can the Governor disregard the Speaker's report and take a decision on his personal assessment," he asked.