PIL challenges life-long Cabinet status granted to Goa ex-CM Pratapsingh Rane
The plea argued that since the Congress leader “was capable of toppling the ruling party’s apple cart in Poriem, a mala fide strategy was adopted by the BJP to offer him a carrot not to contest the elections.”
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In response to the government’s move, Pratapsingh Rane had said that it was the decision of the Cabinet and he had not asked for any such status. (File/Facebook)A public interest litigation (PIL) filed in the High Court of Bombay at Goa has challenged the decision of the Goa government to accord life-long Cabinet status to former chief minister Pratapsingh Rane in January this year.
The PIL filed by lawyer Aires Rodrigues has urged the court to quash the January 7 notification that had conferred the “lifetime status of the rank of Cabinet minister” to Rane and contended that the decision taken by the ministers in the previous Cabinet “is made mala fide, in colourable exercise of power and with tearing hurry for political patronage, and is thus, bad in law.” A division bench of the court is likely to hear the PIL on April 25.
Goa Chief Minister Pramod Sawant had earlier said that a special decision was taken by the state Cabinet on January 7. “Mr Pratapsingh Raoji Rane, former chief minister and former speaker (of the Goa Assembly) has completed 50 years as a legislator. The Cabinet has decided that in future also those who complete 50 years and hold posts like CM and speaker, like Pratapsingh Rane, will be given the Cabinet status even after their retirement,” Sawant had announced then.
Amid uncertainty over the former chief minister and 11-time legislator Rane contesting the Assembly polls held in the state on February 14, the BJP government in Goa had in January decided to grant “life-long Cabinet status” to the Congress veteran.
The announcement came at a time when Rane had not yet decided to back out of contesting in the Assembly polls. The Congress had already declared him as its candidate from the Poriem seat which he had never lost. Ultimately, Rane withdrew his candidature and his daughter-in-law Deviya Rane won from Poriem on a BJP ticket, with a record margin.
The PIL states that since Rane, a Congress candidate, “was capable of toppling the ruling party’s apple cart in Poriem, a mala fide strategy was adopted by the BJP to offer him a carrot not to contest the elections.”
“Before granting the lifetime Cabinet status, the Cabinet did not obtain financial sanction from the finance ministry as required under the rules, as the resolution involved financial expenditure. The resolution was also tailor-made to benefit only respondent no.3 (Pratapsingh Rane) for obvious reasons,” the PIL stated.
In response to the government’s move, Rane had said that it was the decision of the Cabinet and he had not asked for any such status. “They have recognised my 50 years’ service. Perhaps, the government thought it best to do it. I have not asked for it.”
Rodrigues, in his PIL, has stated that the Constitution does not provide for conferring Cabinet status on any individual other than a current minister and that there is no law under which Cabinet status can be granted to an individual who was a former minister.
Rodrigues contended that Goa has a 12-member Cabinet and the conferment of Cabinet status on Rane results in the number of Cabinet ranks being 13, which exceeds the mandate of law. Stating that the very purpose of the 91st Amendment to the Constitution was to prevent jumbo cabinets and the resultant drain on the exchequer, Rodrigues contended that the lifetime status granted to Rane was a “back door entry in wilful disobedience of the mandate of law”.
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