JOIN USArunachal Pradesh Governor Jyoti Prasad Rajkhowa on Wednesday contended before the Supreme Court he was threatened and abused by Congress legislators including a minister, in an indication of chaotic law and order situation in the state.
Justifying the decision to advance convening of the Assembly session, senior advocate T R Andhyarujina, representing the Governor, submitted before a five-judge Constitution bench presided over by Justice J S Khehar, he had all right to pre-pone holding of Assembly session under Article 174 of the Constitution following a notice for removal of Speaker Nabam Rebia.
Constitutional obligation
It is his constitutional obligation to ensure that the removal of the speaker is expeditiously placed before the Legislative Assembly, he said, even as the bench questioned him if the governor had power to set the agenda for the Assembly in the rule of business.
“I may not be bound by the advice of the council of ministers, since the subject matter of the notice for removal of the speaker is not a matter falling under the executive jurisdiction of the chief minister, nor such a subject matter finds a mention in the rules of the executive business for the government framed under Article 166 of the Constitution,” the counsel said, justifying the decision to advance the Assembly session from January 14 to December 16.
The bench, also comprising Justices Dipak Misra, Madan B Lokur, N V Ramana and P C Ghose, however, pointed out that there was immense distinction between the floor test and removal of the speaker, which fell in the domain of the Assembly only and could not be set as agenda by the governor.
Andhyarujina, on his part, maintained that the governor has taken a decision which cannot be called as capricious since in the situation in the sensitive border state had become chaotic following the cloud on the speaker. He also claimed the speaker was hand-in-glove with Chief Minister Nabam Tuki.
He also claimed the governor was threatened and assaulted by Congress MLAs and the transport minister.