Controversy regarding Government formation in Goa

In the recently concluded assembly election in God, Congress won 17 seats & BJP 14 seats and rest seats were won by smaller parties & independents. BJP formed a post poll alliance with Goa Forward Party (GFP) & Maharashtrawadi Gomantak Party (MGP) and 2 independent MLAs. BJP staked claim for forming the Government on the basis of this alliance. But this was challenged by Congress in Supreme Court that only largest pre-poll party/alliance can be invited to form the Government first. But Supreme Court has not stopped swearing in of Manohar Parikar but have asked him to prove majority within 48 hours.

Do we have any rules for President/Governor to follow in case any pre-poll party doesn’t get simple majority? The answer is NO. President/Governor take decision based on previous precedents and take suggestion from Constitution experts. As Governor is answerable to Union Govt., many times it is alleged that they favor ruling Party. Congress has alleged murder of democracy in this case by BJP Govt. Let us check the facts. It is BJP which went to meet Governor first with the support letters of 21 MLAs. Congress was not the first to stake the claim for power. In 1996, President had called Atal Bihari Vajpayee to form government on the basis that BJP was the single largest party. Also in Bihar assembly case, (where Governor Buta Singh has dissolved assembly in 2005 without giving NDA chance to form Government), Supreme Court has said that largest party/alliance should have been invited to form the Government.

Let us take an example of Karnataka Assembly election 2004. BJP was the largest party but was well short of majority. Congress & JD(S) formed a post poll alliance and they formed the Government. And as per Congress, Governor being Center’s representative has favored BJP. I think Congress may be using the wrong logic. There is no written rule that only largest pre-poll party should be invited to form the Government. Let us leave this decision to governor (who may be biases in some case). If Governor is satisfied that a certain party/alliance has majority then he has full right to invite that party/alliance. In this case support letters of all MLAs were provided and Parikar was accompanied by party of all alliance leaders.

Rajdeep Sardesai has beautifully used the word that –BJP has hunger to form the Government. BJP may or may not have used money/favors to stich the alliance (it is debatable let us leave it to some other day). Vijay Sardesai (leader of GFP) and Parikar were known enemy. Parikar used to call Vijay a fixer and incidentally Vijay fixed Parikar's Government. Also BJP had broken the alliance with MGP. So it may be debatable that whether this alliance is opportunistic alliance or not. Congress even failed to select leader of party in assembly for many hours and wasted crucial time which allowed BJP to move fast to stich the alliance. In my view, Governor had done the right thing and his decision to ask BJP to form government was not stayed by Supreme Court also.