The Supreme Court today decided to hear on January 27 a plea challenging the Union Cabinet’s recommendation to impose President’s Rule in crisis-hit Arunachal Pradesh moved by the Congress, which alleged that “illegal” attempts have been made by the Centre and the Governor to topple the Nabam Tuki government there.
The petition seeking urgent hearing was mentioned before Chief Justice T S Thakur, at his residence, who directed the matter to be listed for hearing on Wednesday.
“The matter was placed before the CJI. He has listed for hearing on January 27,” Virendra Kumar, Deputy Registrar told PTI. He said listing branch of Registry will allocate the matter before an appropriate bench.
Already, a five-judge Constitution Bench headed by Justice J S Khehar is examining the scope of discretionary powers of the Governor under constitution, vis-a-vis the authority to convene assembly session with or without the aid and advise of the Chief Minister and his council of ministers.
The fresh plea, filed by Rajesh Tacho, Chief Whip of Congress Legislature party, alleged that “illegal and unlawful” attempts have been made by the Centre and Governor Jyoti Prasad Rajkhowa to topple the Nabam Tuki government.
The Governor’s recommendation in the present case is to promote “political interests of party in power at the Centre,” the Congress petition finally settled by noted jurist Fali S Nariman said.
After the Union Cabinet yesterday decided to recommend imposition of central rule in the state, a battery of senior lawyers including Kapil Sibal and Vivek Tankha swung into action to challenge the recommendation in the apex court.
Since the apex court is closed tomorrow due to Republic Day, the petition through the Deputy Registrar was placed at 1800 hours before the CJI, who preferred to get it listed on Wednesday.
The Congress has sought a direction for the Centre and the Governor to furnish records pertaining to his recommendation for President’s Rule in the state.
“There is absolutely no material justifying the action under Article 356 of the Constitution of India except the personal ipse dixit (unsupported assertion) of the Respondent No.2 (Rajkhowa) who has abused the Office of the Governor by acting as an agent and the mouth piece of the Central Government,” it said.
It has sought restoration of the Nabam Tuki government along with his Council of Ministers to office by “reviving and reactivating” the 6th Arunachal Pradesh Legislative Assembly.