Arunachal Ex-CM Nabam Tuki Files Plea Against President’s Rule
Former Chief Minister Nabam Tuki filed a fresh petition in the SC challenging President’s rule in the state.
On Thursday, Arunachal Pradesh’s former Chief Minister, Nabam Tuki, filed a fresh petition in the Supreme Court challenging the promulgation of President’s rule in the crisis-hit state. The plea filed by the Congress leader is likely to be taken up for hearing on Monday by a five-judge constitution bench headed by Justice J S Khehar, along with other petitions moved by persons like Rajesh Tacho, Chief Whip of the Congress party in the state assembly.
The plea has been filed after Attorney General Mukul Rohatgi, representing the Centre, had raised the objection that earlier petitions have not challenged the imposition of President’s rule, which was invoked after filing of those pleas. Yesterday, the imposition of President’s rule in Arunachal Pradesh had come under the scanner of the apex court which sought the report of Governor Jyoti Prasad Rajkhowa, saying “it is too serious a matter”.
The bench had asked the Attorney General not to raise “technical objections” when he persisted with his plea arguing that “rules are rules” and they apply equally to all. It had then posted the matter for February 1, 2016, asking the Governor and the Ministry of Home Affairs to file responses by Friday, by when the petitioners have been allowed to amend their plea.
The bench, for its own perusal, sought in a sealed cover the report and recommendation on imposition of the President’s rule. “Unless we get the grounds for recommending the President’s rule, we cannot proceed. If grounds are not same in the proclamation then it is totally a different ball game,” the bench, also comprising justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana, had said.
The five-judge bench is examining the constitutional provisions on the scope of discretionary powers of Governor, amid continuing month-long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh. An earlier plea filed by Nabam Rebia, who was allegedly removed from the post of Speaker by rebel Congress and BJP MLAs in an assembly session held at a community hall in Itanagar on December 16, has listed out legal questions, including the Governor’s power to convene the assembly session without the aid and advice of the government for adjudication by the apex court.
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