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In a significant development, two judges comprising a division bench of the Bombay high court passed diametrically opposite orders on Wednesday on the crucial issue of the mid-term dissolution of Goa's legislative assembly.
The matter has now been referred to the chief justice of the Bombay high court.
Governor Mohammed Fazal had dissolved the Goa assembly on February 27 though it had completed just 32 months of its term, on the recommendation of the Bharatiya Janata Party government in the state. The opposition Congress challenged the decision in court.
Justice A S Aguiar, while quashing and setting aside the governor's order, said it suffered from legal mala fides and was not authorised by law.
Justice P V Hardas, on the other hand, upheld the dissolution and dismissed the petitions against it, stating that both petitioners had no grounds to challenge the order.
Luizinho Faleiro, former leader of the Opposition in the state, and Jitendra Deshprabhu, former legislator, had filed two petitions challenging the dissolution. The hearings continued for almost a month.
The same division bench had on April 24 dismissed yet another petition asking the court to stall the election process in the state. Goa is scheduled to elect a new assembly on May 30. The court said Article 329 of the Constitution bars any court in the country from interfering in the electoral process.
Reacting to Wednesday's judgment, Chief Minister Manohar Parrikar held that it had cleared the way for fresh elections and the petition remains of academic interest only. "Two different orders means no order," he said.
Both the petitioners, Faleiro and Deshprabhu, were not available for comment.
EARLIER REPORTS: Notification issued for assembly poll in Goa Goa assembly election on May 30 Election Commission begins poll preparations in Goa Opposition parties plan to challenge governor's decision Goa governor dissolves assembly
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