SC virtually paves way for govt formation in Arunachal Pradesh

New Delhi The Supreme Court on Thursday virtuallypaved the way for government formation in Arunachal Pradesh byvacating its order on maintenance of status quo after beingsatisfied with the Gauhati High Court order staying thedisqualification of the 14 rebel Congress MLAsA fivejudge constitution bench headed by Justice J SKhehar on perusing the records regarding disqualification of14 rebel Congress MLAs said it is prima facie satisfied withthe High Court orderPrima facie we are not inclined to interfere with theHigh Court order we are satisfied with it Having seen theoriginal records which are put before us by the RegistrarGeneral of Gauhati High Court the order of January 7 callsfor no interference at this stageAccordingly the adinterim order passed is vacated the bench also comprising Justices Dipak Misra M B Lokur P C Ghose and N V Ramana saidThe bench also transferred the case regardingdisqualification of the 14 legislators from the single judgeto the division bench of the high court and asked it toexpeditiously decide the matter within two weeksThe bench however made it clear that any further actiontaken will be subject to the outcome of the matter pendingbefore itHours after the Union Cabinet had yesterday decided to recommend revocation of Presidents Rule in Arunachal Pradesh the apex court had ordered maintenance of status quo in the crisisridden state till it examined judicial and assembly records on disqualification of the 14 rebel Congress MLAs by former Speaker Nabam RebiaThe interim order had came after senior lawyers F SNariman and Kapil Sibal appearing for Arunachal Congressleaders had sought maintenance of status quo till their pleaseeking to restrain Governor J P Rajkhowa from swearing in anew government in Arunachal Pradesh was decidedThe bench had directed the Secretary General of ArunachalPradesh Assembly and the Gauhati High Court Registry tofurnish records pertaining to the proceedings conducted bySpeaker Nabam Rebia under Xth Schedule of the Constitutionpertaining to disqualification of the MLAs by todayThe bench while noting that some part of the records wasalso in the safe custody of the Gauhati High Court haddirected the Registrar General of the High Court to ensurethat the sealed record pertaining to the disqualification ofthe 14 MLAs was produced in this courtNariman and Sibal had also mentioned before the benchwhich is hearing a batch of pleas on constitutional powers ofthe Governors that Union Cabinet had recommended revocationof Presidents Rule in the stateBoth senior lawyers had urged the bench to consider theirplea for interim relief yesterday apprehending swearingin ofa new Chief Minister by todayNariman had said the Governor had on January 26 dismissedthe Chief Minister and his council of ministers even when theassembly was in suspended animationGovernor cannot pass any such order during subsistenceof proclamation he had said adding that even the GauhatiHigh Court should not have stayed the disqualification of the14 MLAs as Chief Whip of the party was not impleaded in thecaseThe bench had then said that the interim order of theHigh Court came on the ground that these 14 MLAs were notserved noticeIf you have some evidence that they rebel MLAs wereserved notice before being disqualified by the Speaker thenits altogether a different matter the bench saidNariman had denied having any such record with him andsaid that an adinterim order passed by the High Court cannotbe passed in the limited powers of judicial reviewSenior advocate Rakesh Dwivedi appearing for some rebelCongress MLAs had opposed the plea and contended that thispetition was not maintainableHe had said the hearing was deferred on December 14 to15 2015 after the Speaker was informed that notices have beennot servedThe bench then said it wanted to see the original recordsof proceedings which happened on December 14 and 15 and postedthe matter for further hearing on tomorrow