Arunachal Pradesh's Governor to challenge Gauhati HC order

Itanagar: Expressing "extreme surprise" Arunachal Pradesh Governor JP Rajkohwa on Friday decided to appeal against the Gauhati High Court order staying his notification advancing the session of the state Assembly after which the Speaker and Chief Minister were "voted out" and a new CM "elected" in makeshift premises.

After obtaining all relevant documents including the writ petition filed and the copy of the order of the Single Judge Bench, an appeal would be made, a Raj Bhawan communique said today.

"The Governor is extremely surprised to know that a Single Judge Bench of Gauhati High Court Justice Hrishikesh Roy had issued a stay order staying the December 9 order of the Governor for preponing the Assembly session from January 14, 2016 to December 16 under Article 174 (1) of the Constitution of India and also other proceedings including removal of speaker Nabam Rebia by a resolution of 33 MLAs and asking for maintaining status quo ante," the communique said.

It, however, did not say where the challenging petition would be filed--whether before a division bench of the High Court or the Supreme Court.

The Raj Bhavan's reaction comes a day after the Justice Hrishikesh Roy of the Gauhati High court stayed the notification by which the Governor advanced the session from January 14 next year to December 16. The judge also posted the case for next hearing on February 01, next year. 

While the Assembly premises were sealed by Speaker Nabam Rebia, on Wednesday dissident Congress MLAs along with BJP and Independent members "removed" the Speaker and elected the Deputy Speaker in his place on Wednesday in a community hall.

On Thursday, the MLAs met at a local hotel to adopt a motion of "no-confidence" against the Chief Minister and elect another dissident Congress MLA Khaliko Pul in his place.

Rebia moved the High Court against the actions of Governor and the Deputy Speaker. The Raj Bhawan communique said, "The proceedings had
already taken place much earlier and no confidence motion against the Council of Ministers led by Nabam Tuki also passed well ahead of the Order passed by the Single Judge Bench, which reportedly took place much later on December 17."

"The governor also expressed surprise on Justice H Roy casting aspersion on him of allegedly having taken side of a party, without going through records and materials available."

"The governor is pained to observe that no notice or opportunity was given to the him and his secretariat of the writ petition filed in the Court, reportedly on behalf of the removed Speaker Nabam Rebia."