Bombay HC division bench split on Goa dissolution

A two-member division bench of Bombay High Court today gave a split judgment on the dissolution of the Goa Assembly by Governor Mohammad Fazal on the recommendation of Chief Minister Manohar Parrikar on February 27. While Justice A.S. Aguair in his judgment said it was unconstitutional and deserves to be set aside and quashed, Justice P.V. Hardas upheld the Governor8217;s decision.

The matter has now been referred to the High Court Chief Justice to decide the case. According to court sources, in case of difference of opinion, Chapter 1 Rule 6 says the point of difference of opinion between judges of a division bench shall be decided in the manner provided under Section 98 of the Civil Procedure Code or Section 392 of the CrPC as the case may be.

After the third judge, to whom the reference is made, gives his opinion, the matter shall be placed before the division bench, which originally heard the matter, and it shall pronounce the final judgement or order.