A party delegation led by Leader of Opposition in Rajya Sabha Gulam Nabi Azad, along with Anand Sharma, Kapil Sibal and V Narayanasamy met President and alleged that Governor J P Rajkhowa intends to swear-in dissident Congress leader Kailkho Pul as the new chief minister.
"The Office of the Hon'ble President should not be brought into controversy by such ill-advised action. The withdrawal of Proclamation is only with the aim to swear-in a person who is one of the protagonists in the proceedings pending before the Supreme Court and was actually disqualified by the speaker of the Assembly," the delegation told the President.
On Tuesday, Pul, accompanied by 31 members of Legislative Assembly (MLAs), had called on the governor to stake claim to form the next government in Arunachal Pradesh, which is under President's Rule.
He was accompanied by 19 Congress MLAs along with 11 Bharatiya Janata Party (BJP) legislators and two Independent members.
This led to Congress moving the Supreme Court seeking an order that no new government formation be permitted and status quo be maintained.
However, the apex court refused to pass an interim order restraining the governor from swearing in a new government in North-eastern state and also declined the prayer of Congress leaders that status quo be maintained in the crisis-hit state.
"We believe the governor has acted unconstitutionality and out of line. He should never have entertained Kalikho Pul as he and other dissident members of the Congress are less than two-third. And unless less than two-third of the members of the Congress party merges with any other party, they would be disqualified. So, we have appraised the President of these fact.
"Any act of the Centre to swear in Kalikho Pul would not only be unconstitutional, but unheard of because you would be perpetuating through your act and illegality, a constitutional illegality. The governor of the state, the home minister and the Cabinet, the Centre, should not be a party to it," Sibal told reporters after meeting Mukherjee.
In the memorandum, the party said "It has been learnt from reliable sources that the ministry of home affairs is likely to place a report before you (the President) before withdrawal of Proclamation dated January 26, 2016, issued under Article 356 of the Constitution imposing President's Rule in the state of Arunachal Pradesh."
The said Proclamation was issued on the recommendation dated January 24, 2016 made by the Union Cabinet, which was based on the report of the governor, it said.
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