The Supreme Court today vacated its order to maintain status quo in crisis-ridden Arunachal Pradesh, which may pave the way for government formation by rebel Congress MLAs with the support of BJP lawmakers.
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Upholding the interim order of Guwahati High Court, which had stayed disqualification of the 14 MLAs, the apex court bench directed the high court to hear the disqualification matter from February 22 and conclude the hearing in two weeks.
The apex court had earlier questioned Governor JP Rajkhowa’s use of his “constitutional discretion” to advance the sixth session of the Arunachal Pradesh Assembly by over a month, asking whether it was backed by sound constitutional principles or based on a mere whim.
The President has to sign the documents revoking the Presidents Rule, which was recommended by the Union Cabinet yesterday.
With the backing of 21 rebels in the 60-member assembly, Kalikho Pul had claimed the Congress government led by Tuki was in minority. But the court said any action taken would be subject to the final outcome of the controversy.
The bench after perusing the records said that Speaker Nabam Rebia order disqualifying the 14 MLAs had said that notices were pasted at their houses but the fact is some thing different.
Soon after the Apex Courts verdict, the Congress leaders went into a huddle at the Delhi Pradesh Congress office, where former Arunachal Chief Minister Nabam Tuki and party general secretary in-charge Narayan Swamy were present.
On their return after a few minutes, Justice Khehar and Justice Dipak Misra told senior counsel Fali Nariman, Kapil Sibal and Ram Jethmalani, “Prima facie we are not inclined to interfere with the high court order staying the disqualification of the 14 MLAs, we are satisfied with it. “Justice Khehar said, “When we passed the status quo order yesterday, we were conscious of the seriousness”. This was acknowledged by the bench, which said, “injunction had wide ramification”.
The court, however, allowed Congress leaders to approach a division bench of the high court against the order passed by the single judge bench.
While Supreme Court have lifted its stay order on the Union Caninet’s recommendation to revoke proclamation 356 in Arunachal Pradesh, now it is apparent that, Pul would accelerate his effort for government formation.
“If you have some evidence that they (rebel MLAs) were served notice before being disqualified by the Speaker, then its altogether a different matter”, the bench said. The Gauhati high court on January 7 had suspended the disqualification of the 14 MLAs taking note of this lapse.
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Senior advocate Rakesh Dwivedi, appearing for some rebel Congress MLAs, had opposed the plea and contended that this petition was not maintainable.
