The Supreme Court on Monday reserved verdict on a batch of petitions filed by former chief minister of Arunachal Pradesh and others challenging the decision of governor J.P. Rajkhowa to advance the Assembly session from January 14, 2016 to December 16, 2015.
A five-judge Constitution Bench comprising Justices J.S. Khehar, Dipak Misra, Madan B. Lokur, Pinaki Chandra Ghose and N.V. Ramana reserved verdict on the petitions after a marathon argument spread over a month. Earlier the bench refused to entertain a fresh writ petition filed by Mr Nabam Tuki questioning the governor’s decision on February 19 to administer the oath of office to Mr Kalikho Pal as the new CM on February 19, within a few hours of revocation of President’s Rule.
Senior counsel Fali Nariman and Kapil Sibal urged the court to restrain the governor from inducting other ministers, saying the clock cannot be put back. Justice Khehar, however, said, “We don’t want to enlarge the scope of the present issue. We have the power and strength to put the clock back if need arises.”
The bench told the counsel that even if the rebel Congress MLA-led government during the coming weeks chose to recommend dissolution of the Assembly, as feared by the Congress, it was empowered to restore even the original House.
Senior counsel T.R. Andhyarujina, appearing for the governor, in his reply said in advancing the session, the governor was exercising his legitimate discretion. He said politics has no place in court. The CM claims majority in the House when 21 Congress MLAs had written to the governor saying that the CM had lost their confidence. What should the governor do when he is faced with a situation of a resolution to remove the Speaker Can the governor be faulted for exercising the discretion to advance the Assembly session and asking that the resolution be taken as the first item on the agenda
Counsel said when the Congress has not been able to prevent dissidents within the party, how can they complain against the action of the governor. “When 21 MLAs defect and write to the governor, what he can do ” Justice Khehar pointed out that for the purpose of defection two thirds of the MLAs must defect. “Unless this requirement is satisfied, you cannot say there is defection,” he said.
Counsel said two ministers went to the extent of assaulting the governor inside Raj Bhavan. Even at this stage, he wondered, can the governor not exercise his discretion Justice Misra pointed out that discretion would not include a message to advance the Assembly session.
