SC Refuses Restraining Arunachal Governor From Swearing in as CM

The Supreme Court has refused to restrain swearing-in the governor of Arunachal Pradesh as the new Chief Minister.

Congress delegation with President Pranab Mukherjee. (Photo: IANS)

The Supreme Court today refused to pass an interim order on a plea of Congress leaders that Arunachal Pradesh Governor JP Rajkhowa be restrained from swearing in a new government in the politically fragile state which, is now under the President’s rule.

The five-judge constitution bench declined the prayer of Congress leaders, that status quo be maintained in the crisis-hit state and no new government formation be permitted.​

​We have heard your arguments on the injunction. We don’t propose to pass any order and we will hear the matter on merits.

<b>Five-judge bench</b>

The bench is headed by Justice JS Khehar and comprises justices Dipak Misra, MB Lokur, PC Ghose and NV Ramana.

Attorney General Mukul Rohatgi rushed to the court after knowing that Congress leaders were seeking status quo on possible political developments in the state. He said the courts cannot “pre-empt” a constitutional authority​ from taking any decision.

The decision of the constitutional authority can be annulled by the court, but this application is totally misconceived. Either today or tomorrow, President’s Rule has to be revoked and the government has to be formed.&nbsp;

<b> Attorney General Mukul Rohatgi</b>

President’s Rule is yet to be affirmed by the Parliament and whatever is the verdict of this court, the only answer will be the floor test, Mr Rohatgi replied.

President’s rule imposed in Arunachal Pradesh (Photo Courtesy: Lijumol Joseph/ The Quint) 

Whatever is the verdict of the court, the only answer will be floor test and the ultimate answer will be the floor test. Whether ‘A’ becomes the Chief Minister or ‘B’ becomes Chief Minister, it will be decided on the floor of the House.&nbsp;

<b>Attorney General Mukul Rohatgi</b>

The bench then told senior lawyers Fali S Nariman and Kapil Sibal, appearing for Arunachal Pradesh Congress leaders, that the only order, which it had deemed fit at this juncture, has been suggested and if these leaders do not accept it, then they should argue on merits.

The subject matter of disqualification can be adjudicated by the court but it can’t suggest who to appoint as Chief Minister or who not to.

<b>Attorney General Mukul Rohatgi</b>

During the hearing, Mr Sibal cited a purported press note, issued on behalf of the Governor and said, how can the Governor swear – in a person as the Chief Minister, a rebel Congress leader who has been disqualified from the House.

Sibal sought an order to ensure that no new government is sworn-in in the state till the Supreme Court decides on the petitions.

The bench is hearing a batch of pleas on constitutional powers of the Governors and would continue the hearing Wednesday.