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Arunachal row: Congress moves SC against recommendation for Prez rule

Source: PTI
Last updated on: January 25, 2016 16:46 IST
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The Congress on Monday moved the Supreme Court challenging the Union Cabinet's recommendation for imposition of President’s Rule in Arunachal Pradesh, which has been witnessing a political crisis.

"We have filed the petition before the apex court registry," Congress leader and senior advocate Vivek Tankha said.

He said the petition has been filed by the state Congress chief whip Bamang Felix and an urgent hearing has been sought.

"We are waiting to hear from the deputy registrar who will place the petition before the Chief Justice of India," another lawyer said.

In the petition, there has been a challenge to the report and the recommendation of the Union Cabinet for promulgation of President's Rule in the state.

Earlier in the day, the Congress party decided to urge President Pranab Mukherjee to thwart any attempt to impose central rule in the state.

The filing of the fresh plea assumes significance as the five-judge bench is examining constitutional provisions on the scope of discretionary powers of the Governor, amid continuing month-long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh.

In an earlier plea filed by Nabam Rebia, who was allegedly removed from the post of Speaker by rebel Congress and Bharatiya Janata Party MLAs in an assembly session held at a community hall in Itanagar on December 16, has listed out legal questions, including the Governor’s power to convene the assembly session without the aid and advice of the government for adjudication by the apex court.

It was also alleged that the Governor had advanced the assembly sitting from January 14 to December 16 without the aid and advice of the chief minister and his council of ministers.

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 the 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.

Various decisions of the Governor and the Deputy Speaker were challenged by Rebia in Guwahati high court which passed an interim order keeping in abeyance these decisions till February one.

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