The Supreme Court on Wednesday ordered that “status quo” be maintained with regard to any possibility of a new Government formation in Arunachal Pradesh on a day when the Union Cabinet revoked President’s Rule in the State.
The order by a five-judge Constitution Bench came a day after the same Bench on Tuesday had refused to pass any order restraining the Governor from swearing in a new Government in the State. The change of mind follows the Cabinets decision to revoke the Presidential proclamation of January 26 bringing the State under Central Rule and placing the Assembly in suspended animation.
Senior advocates Fali Nariman and Kapil Sibal who appeared for Speaker Nabam Rebia and former Chief Minister Nabam Tuki, pointed out that following the revocation of President’s Rule, the design of the Governor was to install a rebel Congress MlA facing disqualification as the new Chief Minister.
Initially, the Bench of Justices JS Khehar, Dipak Misra, Madan B lokur, PC Ghose and NV Ramana was not inclined to pass an interim order. In their view, it did not make any difference if a person remains in power for a week or more till the final decision adjudicates on the issues arising from the disqualification of 14 rebel Congress MlAs, the decision of Governor to advance Assembly session and his recommendation to impose President’ Rule.
But Nariman argued that the man to be chosen as the next CM faces disqualification and his disqualification is subject matter of the earlier writ petition being considered by the apex court. “We do not want a situation where whatever we are hearing is pre-empted.” Additionally, Nariman pointed out that as per the Presidential Proclamation, the House is in suspended animation. “The moment it (Proclamation) is revoked, the Chief Minister and Cabinet are revived and this CM cannot be dismissed by the Governor when the Assembly is suspended.”
Deciding to resolve the disqualification pleas first, the Bench was convinced to order that “status quo” be maintained by all parties in the case. It also directed the Secretary of Arunachal Assembly to supply all documents relating to disqualification proceedings against the 14 rebel MlAs in a sealed cover by Thursday. As some of these documents are in custody of Gauhati High Court as well, the Bench directed the Registrar-General of Gauhati HC to supply the same in a sealed cover by Thursday.
By calling the records, the Bench wished to ascertain the claim put forth by the rebel MlAs that the notice of their disqualification was not served upon them. This later became a ground on which a single judge of Gauhati HC stayed their disqualification. Senior advocate Rakesh Dwivedi, who appeared for the rebel MlAs, said that the petition filed by Speaker was not maintainable as the interim order of the HC has not been challenged till date.