Arunachal: Case deferred till Monday, notice to Centre and Governor

Wednesday, Jan 27, 2016,13:35 IST By Metrovaartha A A A

New Delhi | On a petition challenging the recommendation for President’s rule in Arunachal Pradesh, the Supreme Court today issued notice to Centre, Governor asking them to file reply by Friday and posted the matter for Monday.
Arunachal Governor sought to maintain secrecy of his report recommending President’s Rule; but Congress opposed it in the court. The court asked the concerened as to why it was not apprised about the latest development. Counsel for Arunachal Pradesh Governor was directed to furnish immediately his report that led to imposition of President’s rule in the state.
The plea of Congress, challenging the Union Cabinet’s recommendation to impose President’s Rule in crisis-hit Arunachal Pradesh is at the bench comprising justices J S Khehar and C Nagappan. The court said that the fresh plea will also be heard by the five-judge Constitution bench which is already hearing a batch of petitions on the Arunachal issue. The fresh plea was mentioned for urgent hearing by senior advocates Fali S Nariman and Kapil Sibal.
The bench, meanwhile, asked the lawyer to remove the defects, pointed to by the apex court registry, as early as possible. The petition has been filed by the state Congress Chief whip Rajesh Tacho. In the petition, there has been a challenge to the report and the recommendation of the Union Cabinet for promulgation of President’s Rule in the state. The fresh plea assumes significance as the five-judge bench is examining constitutional provisions on the scope of discretionary powers of the Governor, amid continuing month long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh.
In an earlier plea filed by Nabam Rebia, who was allegedly removed from the post of Speaker by rebel Congress and BJP MLAs in an assembly session held at a community hall in Itanagar on December 16, has listed out legal questions, including the Governor’s power to convene the assembly session without the aid and advice of the government for adjudication by the apex court. It was also alleged that the Governor had advanced the assembly sitting from January 14 to December 16 without the aid and advice of the Chief Minister and his council of ministers.
Congress, which has 47 MLAs seats in the 60-member assembly, suffered a jolt when 21 of them rebelled. Eleven BJP MLAs backed the rebels in the bid to upstage the Nabam Tuki government. Later, 14 rebel Congress MLAs were disqualified.
The Governor then called assembly session on December 16 in which Deputy Speaker revoked disqualification of 14 rebel Congress MLAs and removed Rebia from the post of Speaker. This sitting was held in a community hall in Itanagar. Various decisions of the Governor and the Deputy Speaker were challenged by Rebia in Gauhati High Court which passed an interim order keeping in abeyance these decisions till February one.