NEW DELHI, Jan 19 - In a relief to the Congress-ruled Arunachal Pradesh Government, the Supreme Court today ruled that Chief Minister Nabam Tuki will continue for now, until it decides all the issues.
The issues the Supreme Court is tackling includes an attempt by some rebel Congress legislators and the Opposition BJP to overthrow the Government there. A Constitution Bench comprising Justices Jagdish Singh Khehar, Dipak Misra, Madan B Lokur, Pinaki Chandra Ghosh and NV Ramana is hearing the matter.
�Who is governing Arunachal?� the court asked. �If there is a law and order problem, who deals with it?� Lawyers for the ousted Speaker Nabam Rebia told the court that Tuki continued to be the Chief Minister, and he would.
The Bench was also told that no consequences would follow if no House session is convened beyond six months.
However, the �ousted� Speaker Nabam Rebia resisted a court suggestion to have a House session to have a Floor test with a new pro tem Speaker and decide the new leader, while it decided the issue of disqualification of rebel Congress MLAs, which has led to the constitutional crisis in the State.
Rebia�s counsel also obstructed attempts to impose President�s Rule in the State, arguing that they do not want a Floor test till the issue of disqualification was settled.
�This is not a situation in which Article 356 can be imposed,� the ousted Speaker�s counsel Fali Nariman said, leading to protests from the lawyer of the Deputy Speaker.
The Supreme Court on Monday said that it would examine whether the decision of Arunachal Pradesh Governor JP Rajkhowa advancing the Assembly session to December 16 to take up the resolution for the removal of Speaker Nabam Rebia was valid or not.
�If preponment of the session by the Governor is bad, then everything flowing thereafter would be bad. Then we will consider only that�, said the Apex Court.
The constitution bench said that it would examine the validity of the Governor�s action in advancing the session to December 16 instead earlier scheduled for January 14.
Contending that Governor could not have acted on a resolution by the opposition BJP MLAs and two independents, senior counsel Kapil Sibal said that Governor could only convene the session of the assembly on the aid and advice of the Government which had happened when January 14 was fixed as the date for convening the session.
Governor Rajkhowa by his December 9, 2015, message had advanced the date of the convening of the Assembly Session saying that the first item to be considered would be the motion of no confidence against the Speaker Nabam Rebia.