No proceedings in Arunachal assembly till January 18: SC

The Supreme Court today ordered that the proceedings of Arunachal Pradesh assembly will not be held till Friday, as it decided to start hearing from tomorrow on various pleas arising out of certain orders of the Gauhati High court in the ongoing political battle there.
"Having heard counsel for rival parties, we are satisfied, that it would be just and appropriate, if proceedings of the Assembly are not held from now onwards till January 18, 2016.
"The instant order be placed by the parties, before His Excellency the Governor of Arunachal Pradesh, for his consideration," a bench comprising Justices J S Khehar and C Nagappan said.

The bench, meanwhile, allowed Nabam Rebia, allegedly removed by 14 rebel Congress and BJP MLAs from the post of Speaker, to take back his plea filed against an administrative order of the Acting Chief Justice of the High Court.
Rebia, who has challenged in Gauhati High Court various decisions of the Governor and Deputy Speaker including his removal from the Speaker's post, had alleged that the Acting Chief Justice of the High Court had "erroneously rejected" his plea, filed on judicial side, in administrative capacity.
He had also sought recusal of Justice B K Sharma from hearing his plea.

Now the apex court would start hearing from tomorrow the other pleas.

"Liberty is granted to the learned counsel for the petitioners, to assail the order of the High Court dated January 13, 2016 .... In case, such petition(s) are filed, the Registry shall entertain them, and place them along with these cases for hearing on January 13," the bench said.
Rebia was removed from the post of the Speaker by 14 rebel Congress MLAs, disqualified by the Speaker, and BJP MLAs on December 16 in an assembly session presided over by the Deputy Speaker in a Community Hall in Itanagar.
The Deputy Speaker, before removing Rebia from Speaker's post, had also quashed the disqualification of the rebel Congress legislators.

Justice Khehar pronounced the voluminous main judgement
and read out the operative portion, saying that the order of the Governor dated December 9, 2015, preponing the session of Legislative Assembly from January 14, 2016, to December 16, 2015, is violative of Article 163 read with Article 174 of the Constitution and as such is liable to be quashed and the same is quashed.
"Secondly, the message of governor directing the manner of conducting the proceedings of the sixth session of Legislative Assembly of Arunachal Pradesh from December 16-18, 2015, is violative of Article 163 read with Article 175 of the Constitution and as such is liable to be quashed and the same is quashed," the bench said.

Thirdly, the bench said "all steps and decisions taken by the Legislative Assembly of Arunachal Pradesh in pursuant to Governor's order of December 9, 2015, are unsustainable and liable to be set aside and as such it is set aside."
Justices Misra and Lokur read a separate and concurrent
judgement stating that they do not disagree with the view of Justice Khehar and added few more remarks relating to the office of the Governor and the Speaker.
Justice Misra said that the conduct of the Governor should not only be impartial but should appear to be perceptibly impartial.
The bench had earlier segregated two other sets of petitions which were filed against the subsequent promulgation of President's Rule in the state and its revocation thereafter, which had led to formation of a new government.

It had fixed these pleas for hearing after pronouncement of verdict on petitions dealing with Governor's discretionary powers in advancing the assembly session and setting the agenda of the House.
On the day the verdict was reserved in February, the bench had refused to pass an interim order on a fervent plea of Congress against the "illegal" swearing-in of Pul-led government and had said that it can "set the clock back" if the Governor's actions are found unconstitutional.
Congress had suffered a jolt when 21 of its lawmakers rebelled. Eleven BJP MLAs backed the rebels in the bid to upstage the government. Later, 14 rebel Congress MLAs were disqualified.

Hours after the Union Cabinet had decided to recommend revocation of President's Rule in Arunachal Pradesh, the apex court had on February 17 ordered maintenance of status quo in the politically fragile state till it examined judicial and assembly records on disqualification of the 14 rebel Congress MLAs by former Speaker Nabam Rebia.
On February 16, the court had also refused to pass an interim order on a plea of Congress leaders that Rajkhowa be restrained from swearing in a new government in Arunachal Pradesh.