SC vacates stay on formation of new government in Arunachal Preadesh

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.

After examining the records relating to Assembly Speaker Nabam Rebia’s decision on disqualification of 14 rebel Congress MLAs and Gauhati HC’s order setting it aside, a five-judge Constitution bench, presided over by Justice J S Khehar, vacated status quo order in the state.

The move comes as a big blow to the Congress party, which has been strongly against the revocation of President’s rule in the state, blaming the state’s Governor of acting at the Centre’s behest. Pul claims to have support of 19 congress mla, 11 BJP and 2 independent.

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”.

“Governor can not pass any such order during subsistence of proclamation”, he had said, adding that even the Gauhati High Court should not have stayed the disqualification of the 14 MLAs as Chief Whip of the party was not impleaded in the case.

Crisis hit Arunachal Pradesh when a faction in the Congress rebelled against the Nabam Tuki government last month.

On Wednesday, the Apex Court had ordered maintenance of status quo in the crisis-ridden state till it examined judicial and assembly records on disqualification of the rebel Congress MLAs by former speaker Nabam Rebia. After reading the contents today they were satisfied that HC was correct in staying disqualification.

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.

Kalikho Pul may soon be invited to form the new government in Arunachal Pradesh. We consider it just and appropriate to direct the Registry of the Gauhati High Court to post Writ Petition (Civil) after obtaining the permission of the Chief Justice of the Gauhati High Court, for hearing before a Division Bench. This was acknowledged by the bench, which said, “injunction had wide ramification”.

As the bench was expecting the sealed cover this morning, it had directed status quo maintenance yesterday.

He had said the hearing was deferred on December 14 to 15, 2015 after the Speaker was informed that notices have been not served.