In a major blow to the Centre, the Supreme Court on Wednesday said that the Governor's decision advancing Arunachal Pradesh assembly session by a month is violative of the Constitution and liable to be quashed.
A five-judge constitution bench headed by Justice JS Kheha pronounced the judgement on a batch of petitions dealing with discretionary powers of the Governor to summon or advance the assembly session of Arunachal Pradesh.
The court quashed order by Arunachal Governor Jyoti Prasad Rajkhowa, saying "restore status quo as of December 15, 2015 in Arunachal Pradesh."
"Governor's direction on conducting assembly proceedings is violative of the Constitution. All steps and decision taken by the Legislative Assembly pursuant to Governor's December 9, 2015 order are unsustainable and liable to be set aside," said the court.
All the five judges were unanimous in setting aside the orders of Governor Jyoti Prasad Rajkhowa.
Reacting to Supreme Court's verdict, former Arunachal Pradesh CM Nabam Tuki said, "A historic and remarkable judgement which was expected by the people of country. Will hold discussions with party MLAs & decide further course of action, we'll do whatever is required legally."
The apex court had earlier said that the verdict in this case will not only have its effect on Arunachal Pradesh, but affect every state.
Just before the apex court had reserved its verdict on February 20, rebel Congress leader Kalikho Pul was sworn in as the ninth Chief Minister of Arunachal Pradesh with the support of 18 dissident Congress MLAs and two independents and 11 BJP MLAs who gave outside support.
Congress party, which had 47 MLAs seats in the 60-member assembly, 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.
