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Tuesday, July 12, 2016

Supreme Court of India(SCI)Quashes President's Rule in Arunachal, Orders Restoration of Congress Govt Wednesday July 13,2016


In a major setback for the NDA Govt, the Supreme Court of India(SCI)on Wednesday July 13,2016 quashed the imposition of President's Rule in Arunachal Pradesh and ordered restoration of the Congress government in the state.



The order was given by a five-judge constitution bench headed by Justice JS Khehar.


The SCI had said the verdict in this case will not only have its effect on Arunachal Pradesh, but affect every state.

Refusing to comment on the verdict, the Home Ministry said it is waiting for a copy of the screen order. "Only after we see the order can we decide on action if any by Centre. This has to be discussed," the Ministry said.

The bench had 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 the formation of a new government.



Note

Congress party, which had 47 MLAs seats in the 60-member assembly, suffered a jolt when 21 of its lawmakers rebelled in January 2016.

11  BJP MLAs backed the rebels in the bid to upstage the government. Later, 14 rebel Congress MLAs were disqualified.

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.

Hours after the Union Cabinet had decided to recommend revocation of President's Rule in Arunachal Pradesh on February 18, 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 Arunchal Pradesh Governor Jyoti Prasad Rajkhowa be restrained from swearing in a new government in the state.

Timeline of Arunachal Pradesh Political Crisis

December 24, 2014: Health and Family Welfare Minister Kalikho Pul dropped from ministry after he alleges fiscal mismanagement in Arunachal Pradesh
April 2, 2015: State Congress expels Pul for alleged anti-party activities.
May 18, 2015: Local court in Itanagar stays Pul's expulsion.
September 16, 2015: Chief Minister Nabam Tuki invites his MLAs to dinner and makes them sign 'irrevocable resignation letters' in the wake of dissidence.
October 6, 2015: Two MLAs who attended dinner 'quit' but ask speaker Nabam Rebia to treat 'resignation letter as invalid' as they were forced to sign it.
November 8, 2015: Led by Pul, 21 Congress MLAs issue statement against "autocratic" Tuki and denounce his "legitimacy as leader of CLP".
November 19, 2015: State BJP adopts resolution for removal of Rebia as Speaker.
December 10, 2015: Governor JP Rajkhowa issues order advancing the Assembly session from January 14-16,2016 to December 16-18,2015.
December 15, 2015: Rebia issues notice disqualifying 14 of the 21 rebel Congress MLAs.
December 16, 2015: Government locks Assembly building but deputy speaker TN Thongdok holds session in community hall for 33 MLAs, including 11 of BJP and two independents, to impeach Rebia as pro-Tuki groups disrupt normal life.
December 17, 2015: Rebels hold Assembly in hotel after community hall is razed, vote against Tuki; elect Pul as 'CM'. Rebia moves HC to keep assembly and related developments in abeyance.
January 5, 2016: HC stays disqualification of 14 Congress MLAs.
January 13, 2016: HC rules in favour of dissidents, vacating order that kept December 16-18 Assembly session in abeyance.
January 13, 2016: SC stays convening of Assembly session till January 18.
January 14, 2016: SC refers all the petitions to a Constitution bench.
January 15, 2016: SC starts examining the constitutional position on the scope of discretionary powers of the Governor and other related issues.
January 24, 2016: Union Cabinet recommends imposition of President's rule in Arunachal Pradesh.
January 25, 2016: Congress moves SC against the NDA government's move.
January 26, 2016: President Pranab Mukherjee accepts the Cabinet's recommendation.
January 27, 2016: SC issues notice to Centre, Governor on Congress's petition. The hearing scheduled for February 1.
February 17, 2016: Union Cabinet decides to recommend revocation of President Rule; but SC order status quo.
February 18, 2016: SC clears decks for formation of new government by vacating the status quo order.
February 22, 2016: SC reserves orders against a Gauhati High Court verdict that upheld the discretionary powers of the Governor to summon or advance a sitting of the assembly.
July 13, 2016: The Supreme Court orders the restoration of the Congress government, scrapping all decisions by the Governor that precipitated the fall of the previous administration.

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