AP Cabinet advises Guv to recall and cancel Dec 9 order

The Arunachal Pradesh Cabinet headed by Chief Minister Nabam Tuki today resolved and advised Governor Jyoti Prasad Rajkhowa to recall and cancel his December 9 order and allow the Assembly session to be convened on January 14 next, as already scheduled.
The Cabinet discussed the opinion rendered by the Advocate General on December 12 last on the constitutionality of the order and message of state Governor for advancing the Assembly session from January 14 next to December 16 this year.
The Cabinet perused the said opinion and observed that it was in complete agreement with views of the Advocate General, government spokesman Bamang Felix said in a statement.

The December 9 order issued by the Governor is in contradiction to Article 174 read with Article 163 of the Constitution of India and Rules 3 and 3A of the Rules of Procedures and Conduct of Business of the Arunachal Pradesh Legislative Assembly, the Cabinet observed while agreeing with the opinion of the advocate general and other legal experts.
Similarly, the message is contrary to Article 175 of the Constitution read with Rule 245 of the said Rules, it said.
Moreover, the Gauhati High Court of Gauhati has fixed the hearing of the case of resignation of 2 MLAs from the Assembly on December 16 next, the Cabinet observed.

The Cabinet also resolved to endorse a copy each of the resolution and legal advice of the Advocate General to the Speaker of Arunachal Pradesh Assembly.

(REOPENS CAL 8)
The Cabinet in its sitting also took note of the
communications directly issued to various departments and organisations from the Governor's secretariat without routing through the state government in clear violation of the rules of Executive Business namely the Arunachal Pradesh Rules of Executive Business, 1987.
The Cabinet observed that henceforth no officer shall directly deal with Raj Bhawan Secretariat without the matter being examined and approved by the concerned minister or the council of ministers, Felix added.

Meanwhile, Speaker Nabam Rebia in a letter to the Governor today said that as per the established practice and procedure, notice for summoning assembly session ought to reach Legislative Assembly Secretariat or Speaker through parliamentary affairs department of the Government.
However, in the present case this established practice and procedure has not been followed thus creating constitutional crisis in the state.
"It is noteworthy that the Conduct of Business Rules has been framed by the Arunachal Pradesh Legislative Assembly under Article 208 of the Constitution of India.
Thus, the same are binding on both the legislative Assembly and the Governor," the speaker said in the letter.

"In this view of the matter, the power to summon the house conferred on the Governor must be exercised only on advice of the Chief Minister (and his Council of Ministers).
There is no unfettered and absolute power on the governor to summon the house at his own personal discretion (particularly when House's session was already scheduled to commence on January 14 next)," Rebia said.
The speaker further urged the Governor to refrain from impinging upon functioning of constitutional machinery in the state and prevent any constitutional crisis.
"The Governor, as custodian of the Constitution upholds and preserves the sanctity of constitutional framework and let the House function as per its original schedule without any undue interference," the letter added.