The Arunachal Pradesh Cabinet on Monday endorsed the opinions of Advocate General and other legal experts on the constitutionality of the December 12 order of State Governor J.P. Rajkhowa to prepone the assembly session from January 14 next to December 16.
The Cabinet resolved to advise Governor Rajkhowa to recall his December 9 order and allow the session to be held from January 14, 2016 as originally scheduled.
The Cabinet decision said that the Governor's December 9 order was in contradiction to Article 174 read with Article 163 of the Constitution and Rules 3 and 3A of the Rules of Procedures and Conduct of Business of the Arunachal Pradesh Legislative Assembly.
Similarly, it said that the message is contrary to Article 175 of the Constitution read with Rule 245 of the said Rules.
Moreover, it said that the high court has fixed the hearing of the case of resignation of two MLAs from the assembly on December 16, state government spokesman Bamang Felix said in a release.
The also resolved to endorse a copy each of this resolution and legal advice of the AG to the Assembly speaker, the release added.
Meanwhile, Speaker Nabam Rebia, in an official communication to the governor today, said that the latter had created a constitutional crisis through his preponing order and for demanding the removal of the speaker.
By reproducing the Cabinet decision and quoting various constitutional provisions, the speaker said that the "constitutional scheme was not being religiously adhered to, resulting in lowering of the esteem of the high offices of the governor, the chief minister and the speaker.
He urged the governor that as the custodian of the Constitution, he should let the house function as per its original schedule without any undue interference.
