Congress today moved the Supreme Court challenging the Union Cabinet's recommendation for imposition of President's Rule in crisis-ridden Arunachal Pradesh alleging that "illegal and unlawful" attempt have been made to topple the Nabam Tuki government.
The plea, filed by Rajesh Tacho, Chief Whip of Congress Legislature party, has sought a direction for the Centre and Governor Jyoti Prasad Rajkhowa to furnish records pertaining to his recommendation for President's Rule in the state.
"...There is absolutely no material justifying the action under Article 356 of the Constitution of India except the personal ipse dixit (unsupported assertion) of the Respondent No.2 (Rajkhowa) who has abused the Office of the Governor by acting as an agent and the mouth piece of the Central Government," it said.
The Governor's recommendation in the present case is to promote "political interests of party in power at the Centre," the Congress plea claimed.
The plea further sought restoration of the Nabam Tuki government along with his Council of Ministers to office by "reviving and reactivating" the 6th Arunachal Pradesh Legislative Assembly.
It has sought a direction to declare as "illegal and void-ab-initio" any decision which may be taken during the period of central rule.
"The action of the Governor is not only illegal and unconstitutional but also suffers from malice in fact and in law from bias. The Respondents (Centre and the Governor) are under a constitutional mandate to act in a just and fair manner and their actions are amenable to the Writ Jurisdiction of this court," the petition, settled by jurist Fali S Nariman, said.
The plea said the Governor should place the "report and material" leading to the Cabinet's January 24 recommendation for imposition of President's Rule in Arunachal Pradesh.
It said that if the report and the recommendation become the basis of proclamation and notification of President's Rule in the state, the same should be quashed.
"Actions/inactions on the part of the Centre and the Governor directly and inevitably impact on the fundamental right of the Petitioner herein under Article 14 of the Constitution herein read with Article 21 of the Constitution, apart from encroaching upon the democratic principles of governance," the plea said.
It also said the decision to impose central rule cannot be justified as "there was no such immediate urgency or break down of the state machinery justifying the emergent meeting of the Cabinet on a Sunday to recommend imposition of President's Rule in the state.
The petition questioned the conduct of the Governor by submitting that he was allegedly actively involved in toppling the elected government, while he was actively participating in the Gauhati High Court and the apex court on the issue of politicial crisis pending before these courts.
Referring to pendency of some matters, it said, "the actions of the Governor are subject matter of adjudication before the 5 Judges Bench of this court and the proclamation is being advised to avoid adjudication of the issues which would directly impinge on the power of the Governor and legality of his action made on Decemeber 9, 2015."
"The Government's recommendation for dissolving the Arunachal Pradesh Assembly is an attempt to overreach this court in pending proceedings... Which stands referred to the 5 Judges Bench which is in session of the matter and hearing is ongoing and an attempt to scuttle the adjudication on the decisions rendered by the Governor himself, which is now the subject matter of scrutiny and adjudication...," it said.
"It is submitted that it has been reported that one of the ground for seeking proclamation to impose President's rule is that the assembly has not met in last 6 months.
"It is submitted that as per the judgment of the High Court in Writ Petition ...Dated January 13, 2016 the session of the assembly held on December 16-17, 2015 was a legal and valid session and hence the 6 months period has not expired and thus the ground for making a report for imposing President's Rule is non-existent," the plea further said.
It said the Centre's move is a "severe onslaught on democracy and has illegally sought to dissolve the democratically elected government headed by Nabam Tuki".
The petition said ever since Rajkhowa was appointed Governor on May 12 last year, there has been "concerted efforts to destabilise Congress Government and an attempt was made to topple" it by unconstitutional means by misusing powers conferred on him under the Constitution.
It said that the power under Article 356 of the Constitution is "an emergency power", to be exercised in exceptional circumstances to preserve and protect the Constitution.
"There is absolutely no material much less any cogent material for the Respondent No.1 (Centre) to have recommended the imposition of President's Rule in Arunachal Pradesh," the plea said.
"The recommendation of Governor under Article 356 of the Constitution in this present case has permitted the 'canker' of political defections to tear into the vitals of Indian democracy and hence is not constitutionally correct exercise of power," it said.
Congress party, which has 47 MLAs seats in the 60-member assembly, suffered a jolt when 21 of them rebelled. Eleven BJP MLAs backed the rebels in the bid to upstage the Nabam Tuki 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 in Itanagar.
