An Arunachal Pradesh BJP MLA today questioned in Supreme Court the delay on part of the Congress in moving the Gauhati High Court against Governor J P Rajkhowa's decision to advance the assembly session in the political crisis-hit state without the then Chief Minister's consent.
"On December 9, the Governor took the decision and Congress Party approached the High Court on December 15 after the resolution to remove the Speaker (Nabam Rebia) was passed. The government has lost majority was also proved," the counsel for BJP MLA Tage Taki told a five-judge Constitution bench headed by Justice J S Khehar.
If such a "grave" mistake was committed by the Governor then why did the then ruling party allow the matter to "precipitate" further and move the court at the last minute, senior advocate Vikas Singh, appearing for the lawmaker, said.
The constitutional head of state had discretionary power to summon the assembly without consulting the council of ministers if he had reasons to be convinced that the Chief Minister had lost majority support in the House, Singh told the bench that also comprised justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana.
The Nabam Tuki government, which had initial support of 47 MLAs in 60 member house, allegedly lost the confidence motion by 33 votes in the assembly session held in a community hall in the state capital of Itanagar.
The court, which is considering pleas against imposition of President's Rule in the state, yesterday resumed hearing on earlier petitions seeking examination of constitutional schemes on the scope of discretionary powers of the Governor.
The bench is also examining the authority of Arunachal Pradesh Governor Jyoti Prasad Rajkhowa as to whether he can advance the assembly session without the aid and advice of the Chief Minister and his council of ministers.
The court would tomorrow resume hearing on the petitions seeking examination of powers of Governors.
Congress party, which has 47 MLAs seats in the 60-member assembly, suffered a jolt when 21 of its lawmakers rebelled. Eleven BJP MLAs backed the rebels in the bid to upstage the government. Later, 14 rebel Congress MLAs were disqualified.
The Governor then called assembly session on December 16 in which Deputy Speaker revoked disqualification of 14 rebel Congress MLAs and removed Rebia from the post of Speaker. This sitting was held in a community hall.
