New Delhi/Guwahati/ Itanagar, Jan. 13: The Supreme Court today deferred the Arunachal Pradesh Assembly session till January 18 while Gauhati High Court passed an order dismissing a petition filed by Speaker Nabam Rebia challenging his impeachment.
The apex court will hear the matter at 10.30am tomorrow. Today, a bench of Justice J.S. Khehar and C. Nagappan briefly heard the matter relating to Rebia's controversial removal by Deputy Speaker Tenzing Norbu Thongdok and the quashing of Rebia's disqualification order against 14 rebel Congress MLAs.
The Speaker has also challenged Governor J.P. Rajkhowa's decision to advance the Assembly session called by him as well as Gauhati High Court's dismissal of his plea for recusal of Justice Biplab Kumar Sharma from hearing the case relating to defection and the disqualification row.
Rebia, however, withdrew his petition with the Supreme Court, seeking transfer of the case from Justice Sharma's court, after today's ruling by the high court.
Rebia was represented by senior counsel Fali Nariman and Kapil Sibal while Thongdok and some BJP MLAs were represented by two other senior counsel, Ashok Desai and Vikas Singh.
The bench, in its order passed around 3.30pm, said, "Learned counsel for the petitioners suggest that...convening of the Assembly and its meeting should be deferred at least till 18.01.2016. In so far as the seriousness of the issues is concerned, and that they require immediate attention, there is no dispute at the hands of the learned counsel representing the respondents.
"Additionally, it is submitted by the learned counsel for the respondents that in terms of the Rules of Procedure, the Assembly cannot, in any eventuality, be convened without prior notice of two weeks, and as such, there is no question of any Assembly meeting from now onwards till 18.01.2016.
"Having heard learned counsel for the rival parties, we are satisfied that it would be just and appropriate if proceedings of the Assembly are not held from now onwards till 18.01.2016."
The Supreme Court listed Special Leave Petitions (SLP) filed by Rebia and government spokesperson Bamang Felix. A Supreme Court document pertaining to Felix's SLP (S.L.P.(C)...CC No. 779-780/2016) said it would list the matter with another SLP (No. 876/2016) which was filed by Rebia against the registrar general of Gauhati High Court.
On November 19, 13 MLAs (11 BJP and two Independents) had submitted notices of impeachment motion against Rebia, accusing him of being "dictatorial". The move followed another impeachment motion served by Congress MLAs supporting chief minister Nabam Tuki against Thongdok, who is in the Kalikho Pul-led camp dissenting against Tuki, with the same charge on November 16.
On December 9, when Rajkhowa summoned a three-day winter session of the Assembly from December 16, rescheduling the session summoned by Rebia from January 14-18, he listed an impeachment motion against Rebia as the first item, triggering a series of developments resulting in a legal battle.
On December 15, a day ahead of the Assembly session summoned by Rajkhowa, Rebia disqualified 14 dissident Congress MLAs under the anti-defection law.
On December 16, 33 MLAs, comprising 20 dissident Congressmen, 11 Opposition BJP legislators and two Independents, passed a resolution for removal of Rebia as the Speaker at an "Assembly session" conducted by Thongdok in a community hall at Naharlagun. They also quashed the Speaker's disqualification of 14 Congress MLAs.
After Rebia challenged the developments, Guwahati High Court kept the orders passed by Rajkhowa and Thongdok in abeyance till February 1. However, the acting Chief Justice, in a subsequent order, dismissed Rebia's plea for recusal of Justice B.K. Sharma from hearing the Assembly row.
In Guwahati, a senior advocate of Gauhati High Court, S.S. Dey, said Rebia's petition challenging his impeachment was today dismissed by a single-judge bench of Justice B.K. Sharma.
With today's high court order, the December 17 high court order, keeping in abeyance Rajkhowa's December 9 order of summoning the three-day Assembly session from December 16, stands vacated.
On the governor's decision to bring forward the Assembly session, Justice Sharma said it was beyond the high court's purview of judicial review under the facts and circumstances of this case.
The order is being viewed as a victory for the dissident Congress MLAs who want Pul to replace Tuki as the chief minister. "Finally justice has prevailed and we are jubilant. It is a victory for the people of Arunachal Pradesh," said dissident Congress legislator P.D. Sona.
Another member of the anti-Tuki camp said, "In the 60-member House, Tuki now has the support of only 26 Congress legislators while 34 are against him. Tuki's removal from the post of chief minister is imminent."
Rebia's counsel K.N. Choudhury said he was yet to get a certified copy of the order and they would decide upon a future strategy only after going through it..
Former additional advocate-general of Assam and Meghalaya and senior high court advocate Devajit Saikia said, "The ruling has opened the doors for the formation of a new government and has also restored the membership of the disqualified MLAs. It has also removed hurdles in holding of Assembly session where there is every possibility of the incumbent chief minister facing a trust vote."
Tuki told The Telegraph tonight, "The case is now in the Supreme Courtand we will abide by whatever is its ruling. I have always had faith in the Supreme Court, the people of Arunachal and our party high command." Rajkhowa and Pul could not be contacted.
