The court also said that the governor’s report could be sent via email and the same placed before the bench.
Advertisement
“Taking cognisance of the constitutional breakdown that has taken place in the state as reported by the governor of Arunachal Pradesh, the union cabinet in its meeting held on January 24, had recommend to the President to issue such proclamation”, it added.
“The matter is sub judice and yet the speed with which the cabinet moved and the final decision has been taken is a clear indication that they have no respect for the highest court of the land”, he said.
The Congress has opposed the Centre’s move and had made a representation to the President accusing the governor of creating a crisis in the state at the behest of the BJP.
The Chief Minister had also written the President and Prime Minister Narendra Modi seeking their intervention to “uphold” the Constitution in the face of the “unprecedented murder” of democracy and “bypassing” of a democratically- elected government by the Governor.
Stating that “we were expecting this as they (the Centre and the BJP) have been troubling us from the beginning”, he claimed that the Congress still had a majority as 31 MLAs in the 60-strong Assembly were still with the party.
The Supreme Court on Wednesday issued a notice to the central government on its decision to impose President’s Rule in Arunachal Pradesh. Later, 14 rebel Congress MLAs were disqualified.
The Congress general secretary dismissed suggestions whether the party would parade its MLAs before the President. “The Governor should have been asked to prove the majority”, he said. The rebel Congress legislators have since openly sided with the 11 legislators of the Bharatiya Janata Party (BJP) and two independent members. President’s rule also comes into effect in the event of a post-poll scenario, where no party or coalition is in a position to form a new government.
“There is absolutely no material justifying the action under Article 356 of the Constitution of India except the personal ipse dixit (unsupported assertion) of the Respondent No. 2 (Rajkhowa) who has abused the Office of the Governor by acting as an agent and the mouth piece of the Central Government”, it said.
“The Chief Minister and the Council of Ministers requested him that the Session be convened on 14 January, but the Governor acted on his own and convened the session on 16 December”. This sitting was held in a community hall in Itanagar.
“Sun rises in India’s east. BJP, however, eclipses Constitution’s ethos by imposing Central rule in Arunachal. A top union minister told NDTV on the condition of anonymity”, If the court agrees that the House has gone without a session for over six months and the session ordered by the state governor was invalid, then the Centre’s decision is valid.
Advertisement
A Congress designation had approached the President to look for his mediation hours after home clergyman Rajnath Singh met Mukherjee to clarify the Center’s activity.
