In a huge setback for BJP government at the centre, the Supreme Court on Wednesday restored Congress government in Arunachal Pradesh by quashing all the decisions taken by the Governor Jyoti Prasad Rajkhowa on 9 December 2015.
The apex court directed the status quo ante in Arunachal Pradesh as it prevailed on 15 December 2015. This paved the for the restoration of Nabam Tuki government in the sensitive border state.
The Supreme Court said the Governor’s decision was a violation of the Constitution.
The Bench said all steps and decisions taken by the legislative assembly pursuant to Governor’s December 9, 2015 order are unsustainable and liable to be quashed.
On 9 December 2015, Governor J.P. Rajkhowa had advanced the state assembly session by a month to 16 December from the scheduled date of 14 January without consulting the then chief minister Nabam Tuki and had listed the removal of the speaker for the day. The Governor took the decision to advance the session when 21 Congress MLAs rebelled against the leadership.
In the controversial Assembly session speaker Nabam Rebia and chief minister was “removed”.
The leader of the dissident faction, Kalikho Pul, was sworn in as chief minister on 19 February, with the support of the 20 Congress rebels and 11 legislators of the BJP.
The Supreme Court ruled that the decision of the speaker to call the assembly as unconstitutional.
The decision to quash President’s rule and reinstating Tuki as CM has been taken by a five-judge bench which unanimously ruled that the Congress government be reinstated in the state.
Former state assembly speaker Nabam Rebia had moved the apex court after the Itanagar bench of the High Court upheld the actions of the Governor.
The Congress party welcomed the ruling. ” I salute Supreme Court for this order” said Kapil Sibal who argued case in the top court.
In May, the BJP led Narendra Modi government suffered a huge set back when the Supreme Court stuck down its order imposing president’s rule in Uttarakhand.