The Supreme Court on Monday observed that there was nothing wrong if a no-confidence motion was passed against the Congress-led Nabam Tuki government in Arunachal Pradesh assembly while the Deputy Speaker was in charge of the House proceedings after removal of the Speaker.
“If Deputy Speaker assumes office of the Speaker and is in charge of the House after the Speaker is removed and a group of MLAs stand up and move no-confidence motion against the government (and) it is passed, then what is wrong? I do not think there is anything wrong,” a five-judge Constitution bench headed by Justice JS Khehar quoted by news agency PTI.
Senior advocate and jurist FS Nariman, who was appearing for Congress leaders said, “Prima facie, you (bench) may be right.”
This came after the five-judges bench questioned Arunachal Pradesh governor JP Rajkhowa’s decision to advance the Assembly session to December last year from this January.
The SC had asked the governor what difference would it have made if the session was held as originally scheduled.
The bench, which also comprised Justices Dipak Misra, MB Lokur, PC Ghose and NV Ramana, also raised some procedural issues like whether such business (no confidence motion) has to be there in the list of business of the Assembly.
In an extraordinary development on 24 January, the central government had recommended the imposition of President’s rule in Arunachal Pradesh.
The BJP-led government’s decision had drawn flak from opposition parties.
Congress’ spokesperson Kabil Sibal had termed it politics of intolerance and said that his party will challenge the decision in the Supreme Court.
He had said, “We will challenge the matter. This Government knows that it has no majority in Rajya Sabha and that this particular recommendation can never pass in Rajya Sabha because its politically motivated.”