The Supreme Court on Wednesday ordered restoration of Congress government in Arunachal Pradesh.
In a big blow to BJP and the Centre, the Supreme Court ordered restoration of Congress government in Arunachal Pradesh on Wednesday 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 JS 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 NV Ramana. The 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.
Following is the chronology of events in the Arunachal Pradesh crisis in which the Supreme Court ordered restoration of the dismissed Congress government on Wednesday by quashing all orders and decisions of the Governor taken since December 9, 2015:
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November 1, 2011
|
Congress leader Nabam Tuki takes charge as CM of Arunachal Pradesh. His brother Nabam Rebia takes charge as the Speaker. |
| December, 2014 |
Tuki drops state Health and Family welfare minister Kalikho Pul during the Cabinet reshuffle. |
| April, 2015 |
Pul alleges financial mismanagement within the government. Congress expels him alleging anti-party activity. |
| June 1, 2015 |
Jyoti Prasad Rajkhowa takes charge as Governor. |
| October 21, 2015 |
Fifth session of Assembly concludes. |
| November 3, 2015 |
Governor orders summoning of sixth session of Assembly, to meet on January 14, 2016. |
| November, 2015 |
Congress MLAs demand resolution for removing Deputy Speaker. BJP MLAs demand resolution to remove Speaker. |
| December 9, 2015 |
Governor orders preponing the Assembly session from Jan 14, 2016, to December 16, 2015. |
| December 15, 2015 |
Speaker Nabam Rebia issues notice disqualifying 14 of the 21 rebel Congress MLAs. |
| December 15, 2015 |
Deputy Speaker quashes disqualification of 14 of the 21 MLAs. |
| December 16, 2015 |
Deputy Speaker says the Speaker's decision that sixth session would not commence on December 16 was illegal. |
| December 16, 2015 |
Tuki government locks the Assembly. Corresponding assembly meeting held in another building, attended by 33 MLAs. The resolution for removal of Speaker Rebia is passed and a new speaker is appointed. |
| December 17, 2015 |
Rebels hold assembly in hotel after community hall is razed, vote against Tuki; elect Pul as CM. Rebia moves Gauhati HC to keep assembly and related developments in abeyance. |
| January 5, 2016 |
HC stays disqualification of 14 Cong MLAs. |
| January 6, 2016 |
SC agrees to hear plea of Arunachal Speaker, removed by rebel MLAs. |
| January 13, 2016 |
SC orders not to hold any proceedings in the Assembly till Jan 18. |
| January 14, 2016 |
SC refers Arunachal issue to Constitution bench. |
| January 15, 2016 |
SC starts examining constitutional scope of discretionary powers of the Governor. |
| January 18, 2016 |
Congress tells SC that the Governor could not have acted on a resolution by opposition BJP MLAs and two Independents to advance the Assembly session. |
| January 25, 2016 |
Congress moves SC on recommendation for President's rule in Arunachal. |
| January 26, 2016 |
Union Cabinet recommends President's rule in the state. |
| January 27, 2016 |
President's rule in Arunachal Pradesh comes under SC scrutiny. SC seeks the Governor's report on recommending central rule in the state, saying "it is too serious a matter".President's rule in Arunachal Pradesh comes under SC scrutiny. SC seeks the Governor's report on recommending central rule in the state, saying "it is too serious a matter". |
| January 28, 2016 |
Nabam Tuki files fresh plea in SC against President's rule in Arunachal. |
| January 29, 2016 |
Centre files affidavit in SC justifying imposition of President's rule in Arunachal Pradesh, says complete breakdown in State, Governor in danger. |
| February 1, 2016 |
SC recalls notice to Governor, says they are immune. |
| February 2, 2016 |
SC resumes hearing on pleas for examining Governor's powers. |
| February 4, 2016 |
SC takes strong note of a submission that all decisions of Governor are not open to judicial review. |
| February 5, 2016 |
SC questions Governor's order to advance Arunachal Assembly session to December last year from this January. |
| February 9, 2016 |
SC rejects plea of 2 rebel Congress MLAs against a Gauhati High Court decision upholding the action of the then Speaker accepting their resignations. |
| February 10, 2016 |
Governor Rajkhowa defends his actions in SC saying that the CM and the Speaker were "hand-in-glove" and trying to remain in power despite losing majority. |
| February 11, 2016 |
Governor can't take away Speaker's powers, says SC. |
| February 16, 2016 |
SC refuses to pass an interim order on Congress plea to restrain Governor from swearing-in new CM. |
| February 18, 2016 |
SC satisfied with Gauhati HC's order staying disqualification of 14 MLAs, paves way for new govt in State. |
| February 19, 2016 |
SC rejects Congress' plea for floor test in Arunachal assembly. |
| February 19, 2016 |
President's rule lifted in state. |
| February 20, 2016 |
Pul sworn in as CM of Arunachal Pradesh. |
| February 22, 2016 |
SC reserves verdict on batch of petitions dealing with discretionary powers of Governor to summon or advance the assembly sessions, says it has the powers to undo the damage. |
| July 13, 2016 |
SC terms Governor's decision unconstitutional, orders restoration of Congress government in Arunachal Pradesh. |
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