New Delhi, Jul 13, (PTI) : In a big blow to BJP and the Centre, the Supreme Court today ordered restoration of Congress government in Arunachal Pradesh by quashing as "unconstitutional" Governor's decision to advance the Legislative Assembly session by a month in December last.
The apex court's verdict paves the way for the dismissed Congress government of Nabam Tuki to return to power and sets aside Governor Jyoti Prasad Rajkhowa's message directing the manner of holding the proceedings of sixth session of the Assembly scheduled from January 14, 2016, to December 16-18, 2015.
In its landmark unanimous verdict, a five judge constitution bench, headed by Justice J S Khehar, ordered that status quo ante as prevailed on December 15, 2015 be restored in Arunachal Pradesh Assembly.
It held that all steps and decisions taken by Arunachal Pradesh Legislative Assembly in pursuance to the Governor's order of December 9, 2015, are unsustainable. The Nabam Tuki-led government was dismissed following days of turmoil after 21 of the 47 Congress MLAs rebelled against the chief minister. Arunachal Pradesh was placed under President's Rule on January 26.
Just before the apex court had reserved its verdict on February 20 this year, rebel Congress leader Kalikho Pul was sworn in as Chief Minister of Arunachal Pradesh with the support of 18 dissident Congress MLAs and two independents and 11 BJP MLAs who gave outside support in the 60-member Assembly. Besides Justice Khehar, other members of the bench were Justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana.
Today's verdict comes as a shot in the arm for Congress months with Arunachal Pradesh becoming the second state after Uttarakhand where the party-ruled government was restored by the apex court. Welcoming the verdict, Tuki said it was "historic" and that it has protected democracy and ensuring justice.
"The Supreme Court verdict today is a historic. It paves way to protect healthy democracy in the country," Tuki, who was the Chief Minister of Arunachal before his government was brought down, said. Justice Khehar pronounced the voluminous main judgement and read out the operative portion, saying that the order of the Governor dated December 9, 2015, preponing the session of Legislative Assembly from January 14, 2016, to December 16, 2015, is violative of Article 163 read with Article 174 of the Constitution and as such is liable to be quashed and the same is quashed.
"Secondly, the message of governor directing the manner of conducting the proceedings of the sixth session of Legislative Assembly of Arunachal Pradesh from December 16-18, 2015, is violative of Article 163 read with Article 175 of the Constitution and as such is liable to be quashed and the same is quashed," the bench said.
Thirdly, the bench said "all steps and decisions taken by the Legislative Assembly of Arunachal Pradesh in pursuant to Governor's order of December 9, 2015, are unsustainable and liable to be set aside and as such it is set aside." Finally, the bench said "In view of the decision from one to three, status quo ante as it prevailed on December 15, 2015, is ordered to be restored."