 "More trouble for coming Parliament session")
In a move that is sure to derail the forthcoming budget session of Parliament, especially in the Rajya Sabha where the opposition has amajority, a Bharatiya Janata Party (BJP)-supported group of MLAs is likely to stake claim to form government in Arunachal Pradesh tomorrow, toppling Congress government led by current Chief Minister Nabam Tuki.
The Congress is in power in eight states including ArunachalPradesh. If its government is toppled, this will be reduced to seven.
Former Finance and Health Minister of Arunachal Pradesh, Kalikho Pul, told Business Standard he has the support of 32 MLAs and will stake claim to form government: "I have 32 MLAs. Of course it all depends on the Governor but the S R Bommai judgment is very clear - that the majority of any government should be tested on the floor of the House. According to us, this has already been done. So we would like the Governor to invite us to form the government."
Leading a faction of 21 rebels in the 60-member assembly and with the support of the BJP which has 11 MLAs, Pul had tried to pull the rug from under the government's feet, which resulted in the imposition of President's Rule in the state since January 26.
The Congress contests this claim, saying after disqualificationof 14 MLAs and resignation of 2 others, the strength of the assembly came down to 44. Given the reduced assembly strength, Tuki has comfortable majority,the party says.
Pul argues the disqualification itself was illegal. The matter is currently being heard in the Guwahati High Court. In a vain attempt to petition the Congress High Command to replace Tuki because of "unprecedented levels of corruption in the state" Pul said he had met all the top leaders in the Congress including V Narayanaswamy who is the General Secretary in charge of the northeastern states, several times.
Pul and the rebel MLAs also met Congress Vice-President Rahul Gandhi. However, Gandhi and other leaders have publicly declared that they are with Nabam Tuki. "I have been Finance Minister in Arunachal Pradesh several times. Our overdraft is growing every year. In 2013-14, it was Rs 449 crore; in 2014-15 it was Rs 581 crore. In 2015-16 till June it is Rs 220 crore. This is the gift Nabam Tuki has given to the people of the state.
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Banks in Arunachal Pradesh have a notice saying government cheques will not be accepted because they are dishonoured. Stipends to students have not been paid for several months. Government employees have not got salaries for five to six months. When I explained to the CM that this was wrong, I was dropped from the ministry and later expelled from the party."
Declaring that he and the rebels "still consider ourselves Congressmen" Pul says he is "neither interested in power, nor in money".
"Nabam Tuki and his cousin, the Speaker of the Arunachal Pradesh Assembly, Nabam Rebia are running the government and the assembly the way they think fit. All Parliamentary norms have been flouted. All over India Question Hour is one hour. Rebia conducts it for two and half hours because he wanted to avoid further discussion in the House. We are not allowed to have a zero hour or seek a call attention motion - the speaker will not admit the motion. This is not right. We are all elected. The House is not the CM's and the Speaker's personal property."
Presumably heeding the arguments of the rebels, the Arunachal Pradesh Governor, issued an order dated 9 December 2015 to advance the assembly session so that the Bommai judgment could be followed and the majority of the government tested on the floor of the House.
However, this was challenged by the government which cited violation of Article 174 (1) which makes it mandatory for the Governor to act on the adviceof the Council of Ministers.
The Governor's defence was that his discretioncannot be challenged. In the Supreme Court, while listening to the arguments the Supreme Court quizzed his lawyers on this.
"You can use constitutional discretion only if it is based on and only on a constitutional principle... What was the constitutional principle here? Does advancing the Assembly session come under your discretionary powers?" a five-judge Constitution Bench led by Justice J S Khehar repeatedly asked senior advocate T R Andhyarujina, appearing for the Governor.
"You can use constitutional discretion only if it is based on and only on a constitutional principle... What was the constitutional principle here? Does advancing the Assembly session come under your discretionary powers?" a five-judge Constitution Bench led by Justice J S Khehar repeatedly asked senior advocate T R Andhyarujina, appearing for the Governor.