Apex court clears the way for govt formation in Arunachal Pradesh
18 February, New Delhi
The Supreme Court today vacated the status quo order imposed on President’s rule in the state of Arunachal Pradesh, thereby paving the way for a formation of a new government led by Congress dissident leader Kalikho Pul.
A Constitution bench of the apex court headed by Justice Jagdish Singh Kehar passed the order, after hearing from dissident MLAs of the state. The top court said that the Gauhati High Court will now examine the issue of disqualification of 14 rebel Congress MLAs.
The High Court had in an interim order quashed the ousted speaker’s order disqualifying them. Nabam Rebia, the Speaker, then moved the top court against the decision. The apex court order vacating the status quo came after the court perused the Speaker’s order and papers relating to disqualification.
The court said that the Speaker had not followed the principles of natural justice in disqualifying them. Chief Minister Nabam Tuki of the Congress had been reduced to a strength of 25 MLAs after the defections which sparked off a constitutional crisis in the state.
The Constitution bench order will allow the Modi government to revoke President’s rule imposed on January 26. The top court said the Gauhati High Court will now examine the issue of disqualification of 14 rebel Congress MLAs. The HC had in an interim order quashed the ousted speaker’s order disqualifying them.
The Supreme Court today in its interim order said that the status quo be maintained in the state of Arunachal Pradesh till it takes up the records in connection with the disqualification of 14 rebel Congress MLAs by the Speaker.Asking the Secretary General of Arunachal Pradesh Assembly and the Gauhati High Court to furnish all the records on disqualification of the 14 rebel Congress MLAs by the Speaker, the SC said that the status quo be maintained in the case.
The apex court had earlier questioned the way state Governor JP Rajkhowa used his “constitutional discretion” to advance the sixth session of the Arunachal Pradesh Assembly by over a month.The SC also had earlier asked whether the decision taken by the state Governor was backed by constitutional principles or not.