New Delhi: 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.”

Justices Misra and Lokur read a separate and concurrent judgement stating that they do not disagree with the view of Justice Khehar and added few more remarks relating to the office of the Governor and the Speaker.

Justice Misra said that the conduct of the Governor should not only be impartial but should appear to be perceptibly impartial.

The bench had earlier segregated two other sets of petitions which were filed against the subsequent promulgation of President’s Rule in the state and its revocation thereafter, which had led to formation of a new government.

It had fixed these pleas for hearing after pronouncement of verdict on petitions dealing with Governor’s discretionary powers in advancing the assembly session and setting the agenda of the House.

On the day the verdict was reserved in February, the bench had refused to pass an interim order on a fervent plea of Congress against the “illegal” swearing-in of Pul-led government and had said that it can “set the clock back” if the Governor’s actions are found unconstitutional.

Congress had suffered a jolt when 21 of its lawmakers rebelled. Eleven BJP MLAs backed the rebels in the bid to upstage the government. Later, 14 rebel Congress MLAs were disqualified.

Hours after the Union Cabinet had decided to recommend revocation of President’s Rule in Arunachal Pradesh, the apex court had on February 17 ordered maintenance of status quo in the politically fragile state till it examined judicial and assembly records on disqualification of the 14 rebel Congress MLAs by former Speaker Nabam Rebia.

On February 16, the court had also refused to pass an interim order on a plea of Congress leaders that Rajkhowa be restrained from swearing in a new government in Arunachal Pradesh.

Centre acted only on advice of Arunachal Governor: Rijiju

Guwahati:Union Minister Kiren Rijiju today said the Centre had acted only on the suggestion of state Governor Jyoti Prasad Rajkhowa in the Arunachal Pradesh affair and the Supreme Court verdict was not against it.

“It is not our case. It will be total misjudgment if somebody says that it is a judgement against the central government. The central government acted on the basis of the report of the Governor,” Rijiju said on the sidelines of the North-East Democratic Alliance’s conclave here.

“Whatever is the political issue, it is within the Congress party and it is in the state Legislative Assembly. We are not part of the whole problem,” he said.

The Minister asserted that the Supreme Court verdict was not against the Centre.

Rijiju said the central government would respect and honour the apex court verdict on Arunachal Pradesh.

“It’s a Supreme Court judgement. When the matter is in the court, we have to respect it. There is no reason to defy or to criticise the ruling of the honourable Supreme Court…

The judgement of the honourable court is always binding and final … We are law-abiding citizen of the country and we will honour the Supreme Court judgement,” he said.

Rijiju says the majority of any government has to be proved on the floor of the House and it will decide the fate of the state government.

“Regarding the issue of the strength of the Assembly, these are the internal matters of the Congress party and the strength has to be proved on the floor of the House. There is no point for anybody to speak about strength outside the Assembly. The floor of the Assembly is the proper platform to test the strength of any political group or party,” he said.

Congress govt to be restored in Arunachal; AG

The Congress government headed by Nabam Tuki will be restored in Arunachal Pradesh in the wake of the Supreme Court judgement quashing all decisions of the Governor which had precipitated its fall in December last.

“The judgement has to be implemented and the Governor will take all necessary actions and steps,”Attorney General Mukul Rohatgi told PTI after a high-level meeting at Prime Minister Narendra Modi’s residence.

He said the action has to be taken by the Governor as the Central government has no role to play and also it was not a party in the matter.

Rohatgi said as of now no decision has been taken to file any review petition immediately on the Supreme Court verdict.

Earlier, the Prime Minister deliberated with senior ministers on the Supreme Court order on Arunachal Pradesh and explored the way forward, including a review petition to be filed possibly by Chief Minister Kalikho Pul.

Home Minister Rajnath Singh, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad, Rohatgi and top government officials met at the Home Ministry and examined the apex court ruling and its implications, official sources said.

After the hour-long meeting, the ministers drove to 7 Race Course Road, the official residence of the Prime Minister, to discuss with him future course of action.

Sources said there is a possibility of filing a review petition in the Supreme Court, challenging the five judge bench order by Pul, whose government has been displaced.

However, the top functionaries are still debating whether the central government will file the petition or by someone from the Kalikho Pul government.

Centre may seek clarification from SC

With a majority government already in place in Arunachal Pradesh, the Centre may seek clarification from the Supreme Court on its verdict restoring status quo ante as on December 15, 2015 in the state assembly.

Sources said the Centre may seek clarification from the apex court on the fate of the Kalikho Pul government which had come to power after proving majority on the floor of the House as per the established legislative procedure.

The government may also ask whether former chief minister Nabam Tuki will have to prove majority on the floor of the House or Kalikho Pul.

Pul, meanwhile, said he will file a review petition in the Supreme Court on its judgement ordering restoration of the previous Congress government.

“Definitely, I will file a review petition. Let me first go through the detail judgement and then consult legal experts,” he said.

One way of seeking clarification is by filing a miscellaneous application. A Presidential Reference dealing with larger constitutional issues is another way of seeking clarification. But Presidential References are a long drawn affair.

Meanwhile, Home Minister Rajnath Singh, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and Attorney General Mukul Rohatgi discussed the judgement and its ramifications threadbare at a meeting here this evening.

PTI