After an election, Chief Minister and Ministers should be appointed and administered oath of office and secrecy before the new Assembly holds its first sitting.
Under the present situation in Goa the normal practice and convention is not followed.
It may be noted that the Assembly can never meet without the leader of the House duly elected by members of the new Legislative Assembly.
The so-called caretaker CM is the leader of the previous Assembly and not of the newly constituted Assembly and has no right to occupy the seat of the leader of House in new Assembly although he is a member of the new Assembly unless elected and administered the oath afresh by the Governor.
Since the oath is not administered to the caretaker CM, one cannot say that the government is in place.
In Goa, the new Assembly has already come into existence on notification of ECI but the elected members are prevented from exercising their right and responsibilities till they take their oath and assume their allotted seat.
Even the appointment of protem speaker is normally made on the advice of new CM and not the caretaker.
Unfortunately, Goa is following the wrong practice and procedures for reasons best known to the Governor and his advisors.
In view of above, the decisions taken by the caretaker CM after appointment of protem speaker have no constitutional validity and the Governor and CM shall be personally liable for their actions.
Further, any decision taken by this caretaker government is null and void. I am of the opinion that President's rule should be imposed in Goa.
