HC dismisses Arunachal Speaker's petition

The Gauhati High Court today dismissed the writ petition filed by Arunachal Pradesh Speaker Nabam Rebia challenging the decisions of the 'Assembly session' held by rebel Congress MLAs and opposition BJP on December 16 last year.
On that day, 21 rebel Congress MLAs joined hands with 11 of BJP and two independents to 'impeach' and remove Rebia who branded the move as "illegal and unconstitutional".
Chief Minister Nabam Tuki and his 26 supporting MLAs had boycotted the proceedings.
Arunachal has a 60-member Assembly.
Following filing of a writ petition by Rebia, the Gauhati High Court had on December 17 kept in 'abeyance' decisions on his impeachment at the rebel 'session'.

But Justice B K Sharma today vacated the December 17 order and dismissed the petition saying it is not maintainable.

Rebia had filed the writ petition challenging the decisions of Arunachal Pradesh Assembly session on the ground that it violated Article 174 and 175 of the Constitution.
Article 174 states that the Governor shall from time to time summon the House or each House of the legislature of the state to meet at such time and place as he thinks fit but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

Article 175 is on the right of the Governor to address and send messages to the House or Houses.
The rebels and opposition held the December 16 session at a make-shift venue as the Assembly building was closed following an order of the Speaker who has described the session as illegal.
In a notification on December 9, Governor J P Rajkhowa had preponed the Assembly session to December 16, 2015, from January 14, 2016.
Meanwhile, in a related development, the Supreme Court today ordered that the proceedings of state Assembly will not be held till January 18.