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HC stays 'removal' of Speaker

Justice Hrishikesh Roy observed that prima facie it was in violation of Articles 174 and 175 of the Constitution dealing with convening of the session

Nabam Tuki
Press Trust Of India
Last Updated : Dec 18 2015 | 3:25 AM IST
The Gauhati High Court on Thursday kept in abeyance all decisions, including the removal of Arunachal Pradesh Assembly Speaker Nebam Rebia, at a special “session” on Wednesday, hours after Chief Minister Nabam Tuki was “voted out” and a dissident Congressman was “elected” as chief minister in a hotel.

Coming down heavily on the notification issued by Governor J P Rajkhowa advancing the session, Justice Hrishikesh Roy observed that prima facie it was in violation of Articles 174 and 175 of the Constitution dealing with convening of the session.

Meanwhile, Tuki on Thursday shot off two separate letters to President Pranab Mukherjee and Prime Minister Narendra Modi seeking their intervention in the crisis that has gripped the state. Tuki apprised them of the “unilateral decision” taken by the governor by summoning the Assembly session without consulting the state government. “As per the provisions of Article 174 of Constitution, the Governor can summon session only on the aid and advice of the Chief Minister and his Council of Ministers.

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Tuki further added that he along with his council of ministers called on the Governor on December 15 but despite registering protest and requests urging him to reconsider his illegal order, he refused to heed to their pleadings.

“In utter violation of all norms and laid down procedures, the Deputy Speaker, who stands disqualified along with some legislators convenes the illegal session with the permission of the Governor, in a badminton court and passes resolution for removal of the Speaker,” the letters said. “This is unprecedented murder of democracy and bypass of a democratically-elected government and in contravention to the provisions and ideals of the Constitution.

"I seek your support and timely intervention on the issue in the larger interest of the nation and to uphold the ideals as enshrined in the Constitution,” the letters added.

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First Published: Dec 18 2015 | 12:14 AM IST

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