Within 24 hours, the issue of Government formation in Arunachal Pradesh saw a complete reversal with the Supreme Court on Thursday vacating its “status quo” order, paving the way for a new Government in the State.
The order came as a setback to the Congress after the Union Cabinet on Wednesday revoked the Presidential Proclamation by which Central Rule was imposed in the State on January 26. The five-judge Constitution Bench on Thursday decided to vacate the stay on Government formation after it saw the original files produced by the Secretary of Assembly on the disqualification proceedings against 14 rebel Congress MlAs.
The Bench of Justices JS Khehar, Dipak Misra, Madan B lokur, PC Ghose and NV Ramana disposed the appeal pending before it and asked the Gauhati High Court to decide on the disqualification, preferably within two weeks. The HC had stayed the disqualification proceedings on the ground that the 14 MlAs were not served notice of their debarment. This violated principles of natural justice. It was to ascertain this fact that the apex court had summoned the original files from the Assembly and the Gauhati HC.
Prima facie of the view that notice was not served to the rebel MlAs, the Bench said, “Having seen the original record, which was sent to us by the Registrar-General of the Gauhati High Court, we are satisfied that the interim order passed by the High Court on January 7, 2016 calls for no interference at this stage. Accordingly, the interim order passed on February 17 is vacated.”
Senior advocate Fali Nariman, who appeared for the former Congress Government, submitted that a peon diary maintained by the Assembly did show that notice was served to the MlAs. But the Bench refused to take the peon register entry as proof to suggest notice was served to the 14 legislators.
The court, however, will continue to hear other petitions, one filed by Speaker Nabam Rebia challenging the Governor’s decision to advance the session and directing the Assembly to decide on the disqualification pleas of rebel Congress MlAs and another petition filed by former Chief Minister Nabam Tuki questioning the imposition of President’s Rule.
On the validity of any action taken during the pendency of hearing of the above appeals, the Bench said, “Any action taken in the meantime, shall abide by the final outcome of the controversy.” The lawyers appearing for the former Congress Government had argued on Wednesday that Kalikho Pul, one among the 14 disqualified MlAs, has staked claim to form Government. Nariman submitted that with President's Rule being revoked, the Nabam Tuki Government will get revived and the elected Government cannot be dismissed by the Governor when the Assembly remains suspended.