Guwahati/Delhi, Dec. 18: Arunachal Pradesh governor J.P. Rajkhowa and Congress dissident legislator Kalikho Pul arrived here today to explore their legal options, a day after Gauhati High Court stayed the governor's December 9 order to bring forward the Assembly session and a section of MLAs elected Pul as the "new leader" of the House in place of chief minister Nabam Tuki.

Rajkhowa told The Telegraph here today that he would acquire a certified copy of the court order and prepare his response accordingly. "My stand remains what it was yesterday. I have come to Guwahati to explore my legal options," he said. The governor had yesterday said he would appeal against the stay as no opportunity was given to him to defend his orders and as the court order was ex parte in nature.

Pul, who reached Guwahati this morning, said in the evening that he would explore the possibilities of challenging the stay and was ready for legal battle. "Once I get a certified copy of yesterday's court order and a copy of the writ petition challenging the governor's order, I will discuss with my legal experts how to carry forward my legal battle."

Defending Rajkhowa's move, he alleged that a section of Congress leaders were bent on lowering the sanctity of the governor's post.

"Tomorrow, I will hold a media conference in Guwahati to expose everyone," he said after securing an anticipatory bail in connection with an FIR filed against him for allegedly making derogatory remarks against a community in Arunachal.

The All Nyishi Students Union had recently filed an FIR against Pul for allegedly making derogatory remarks against the community. An audio clip has been uploaded on social networking sites, where a man alleged to be Pul is heard making derogatory remarks about the community. While the timing of the conversation is not known, it has been claimed that Pul was speaking to Romeo Neog, a businessman from Assam.

Speaking to reporters outside the high court premises, Pul said: "It was not my conversation. It was a fake audio and a conspiracy by my opponents to defame me for nasty political interests. I am a very secular person and not against any community or religion."

Pul's lawyer, advocate Kamal Saxena, said a single judge bench of Justice P.K. Saikia has granted the anticipatory bail and had fixed the next date of hearing in the case for February 2.

Tuki, for whom the stay order comes as a breather till the next date of hearing on February 1, today said he had complete faith in the judiciary and that he and his cabinet colleagues were discharging their duties as usual.

The court had observed, prima facie, that the governor's order to bring forward the Assembly session reflected the "non-neutral role" of the constitutional head and this was "undermining" the democratic process. Rajkhowa had rescheduled the Arunachal Assembly session, summoned by Speaker Nabam Rebia from January 14 to 18, to a three-day session from December 16.

The Speaker filed a writ petition in Gauhati High Court, seeking a stay on summoning of the Assembly session by the governor and on the "Assembly proceedings" conducted by a group of MLAs outside the House on Wednesday, wherein they "impeached" the Speaker for "partisan behaviour". The participants comprised 20 dissident Congress legislators, 14 of whom were disqualified by him on Monday, 11 Opposition BJP MLAs and two Independents, with "disqualified" Deputy Speaker T.N. Thongdok in the chair. The 33 MLAs met again yesterday, passed a no-confidence motion against Tuki and elected Pul as the " new leader" of the House.

On November 19, 13 rebel Congress MLAs had submitted notices of impeachment motion against the Speaker, accusing him of being "dictatorial". The move came after Congress MLAs supporting Tuki served an impeachment motion against Thongdok with the same charge on November 16. When the governor summoned the three-day Assembly session on December 16, he listed the impeachment motion against Rebia as the first item, triggering a series of developments resulting in a legal battle.

Cong reaction

In New Delhi, the Congress today demanded immediate recall of Rajkhowa after the severe stricture passed by Gauhati High Court. It argued that there could not be a stronger indictment of a constitutional functionary.

Senior Congress leader Ghulam Nabi Azad said though the governor was acting on the instructions of the Centre to topple the democratically elected government in Arunachal, there was no way he could continue in office after the high court questioned his neutrality and intention. "This is the fittest case for removal of governor," he added.

Azad said, "If the central government is interested in the territorial integrity of the country, this governor should be recalled from the sensitive border state where China has special interest. The Centre should send a neutral governor, not someone from RSS background with a political agenda and who plays with the stability of a duly elected government."

Speaking to reporters, Azad read out from the high court judgment: "In discharging this function (of summoning the Assembly), the governor acts as a constitutional head and, therefore, his decision to pre-pone the Assembly session without advice of the chief minister and primarily on requisition made by the Opposition MLAs, taints the governor's order and renders it unworthy of the state's constitutional head."

Quoting the order, Azad also pointed out that the judge clearly said the governor exceeded his jurisdiction and made a "non-bona fide intervention" that undermined the democratic process. He said the Congress had tried to raise this issue in the Rajya Sabha for the last four days but the government did not respond even as "our stand has been vindicated by the high court."

Congress leader in the Lok Sabha, Mallikarjun Kharge, said, "We have been giving notice for adjournment motion and trying to raise this issue of murder of the Constitution but it is unfortunate that the Speaker did not allow us. Parliamentary affairs minister Venkaiah Naidu said we should go to the court and now here is a verdict indicting the governor. If the government continues to work like this, it will be unfortunate for our democracy."

Assam chief minister Tarun Gogoi, through an official communiqué this evening, termed Rajkhowa's act as "highly unconstitutional" and primarily aimed at "destablising" the Tuki government. He accused the governor of lowering the dignity of his post.