New Delhi: The Supreme Court will pronounce its verdict on Wednesday on a batch of petitions filed by former Chief Minister of Arunachal Pradesh and others challenging the decision of the 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 February 22 on the petitions filed by Mr. Nabam Tuki and others questioning the President's rule.
Three separate judgments are to be pronounced by Justices Khehar, Misra and Lokur. During the course of hearing of these petitions, the Centre lifted the president’s rule in the State and Kalikho Pal became the new Chief Minister on February 19.
As a result the whole issue became an academic exercise. However, the court had indicated that if it was found that the Governor had exercise his power with malafide intentions, it can put back the Nabam Tuki government.
The Governor had justified his decision to pre-pone the session saying he had exercised his legitimate discretion. He said politics has no place in the court.
The Chief Minister 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 pre-pone the assembly session and asking that the resolution to be taken as the first item in the agenda.
