New Delhi, Sept. 24: A five-member constitution bench of the Supreme Court has dismissed the review petition filed by former Arunachal Pradesh Speaker Nabam Rebia challenging the July 13 judgment that a Speaker cannot disqualify MLAs, if he/she is facing a removal notice.

The bench also rejected his plea for an open court hearing of the case as review petitions are not held in open unlike other appeals and writ petitions. “By filing the instant petition for review, the review petitioner (Rebia) has challenged the judgment dated July 13, 2016 rendered by this court in the aforementioned civil appeals.”

“Having carefully perused the petition for review, the judgment impugned and the papers annexed in support thereof, we do not find any error apparent on the face of the record, warranting reconsideration of the aforementioned judgement. The review petition is, accordingly, dismissed,” the bench, comprising Justices J.S. Khehar, Dipak Misra, Madan B. Lokur, P.C. Ghose and N.V. Ramana, said.

Rebia had sought a review of the five-judge constitution bench ruling on July 13 restricting the powers of the presiding officer to disqualify legislators under the anti-defection law.

On July 13, the bench had restored the Congress-led Nabam Tuki government after holding the governor’s decision to advance the Assembly as unconstitutional and also said that the Speaker cannot disqualify members if he himself is facing a removal notice.

“It is constitutionally impermissible for a Speaker to adjudicate upon disqualification petitions under the Tenth Schedule, while a notice of resolution for his own removal from the office of the Speaker is pending,” the court had said by interpreting Article 179 (c) of the Constitution.

The fifth judge, Justice Lokur, however, refrained from commenting on the Speaker’s powers.
According to Nebia, the impugned observations had created a constitutional hiatus/vacuum for adjudication of anti-defection laws in situations where a notice for removal of the Speaker has been moved under Article 179(c) by defecting MLAs to stall their own disqualification.

“The impugned observations also have the effect of effacing, or at least delaying, the adjudication of the ‘constitutional sin’ of defection under the Tenth Schedule (anti-defection law) which is impermissible,” the petition said, citing a number of earlier judgments of the apex court.

However, the court did not agree with Rebia’s plea and dismissed the review petition on Thursday.

CM visits school

Arunachal Pradesh chief minister Pema Khandu today announced an additional assistance of Rs 2 crore to the existing Rs 5 crore corpus of the Donyi Polo Mission School for the Hearing Impaired at Chimpu in Itanagar, reports our special correspondent from Guwahati.

Khandu today visited the school along with his home minister Kumar Waii to spend time with the differently-abled children as he wanted to celebrate his eldest son’s birthday with them.

Khandu announced the assistance to meet the additional expenses owing to the growing student intake and teaching staff. The Rs 5-crore corpus was contributed by his father, late chief minister Dorjee Khandu.

Thanking former chief minister Gegong Apang for dedicating the school to educate differently-abled children, Khandu promised to support it in every way possible. 

“It’s because of him (Apang) that our differently-abled children are able to pursue their dreams,” he said.

Apart from the financial assistance, he also announced a minibus, a new common room and hostel for the school. He also asked the school authority to submit the list of requirements like drinking water facilities and teaching kits.
He said the purpose of his visit was to understand the problems faced by the school and to ensure its well-being.