The Congress on Monday challenged in the Supreme Court the Union Cabinet’s recommendation to President Pranab Mukherjee to declare a constitutional emergency and impose President’s rule in the party-ruled Arunachal Pradesh.
The political turmoil, which has now spread from the frontline State to the Centre, has raised questions about Arunachal Pradesh Governor Jyoti Prasad Rajkhowa, including whether he actually played a non-partisan role as a “Constitutional sentinel and a vital link between the Centre and the State”.
The petitioner, Raejsh Tacho, chief whip, Congress Legislature Party, said Arunachal Pradesh Governor Jyoti Prasad Rajkhowa’s recommendation for President’s rule was tainted with “pervasive mala fides, irrational exercise of power, illegalities, irrationality evident from the record and a clear case of abuse of power.”
The petition sought the Centre and the Governor to produce before the Supreme Court the entire records based on which they recommended President’s rule.
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The petition was mentioned before Chief Justice of India T.S. Thakur and has been posted for urgent hearing on January 27, the next working day.
The actions of the Centre and the Governor, the petition said, “suffers from political malice and is an attempt by the Central Government to dissolve a legitimately elected Government in Arunachal Pradesh and imposition of President’s Rule has been resorted to after failing to topple the Indian National Congress government...”
The petition argued that there was no “constitutional breakdown” in Arunachal Pradesh which necessitated imposition of President’s rule.
Mr. Tacho blamed the Governor of making continuous attempts to pull down the democratically elected Government by removing the Speaker and even advancing the Assembly sessions December 16, 2015. The sessions were held in a community hall and later in a hotel.
The petition points out how the Governor, a party in the ongoing litigation before the Constitution Bench led by Justice J.S. Khehar, did not reveal to the court that he had already recommended for President's Rule.
It said it is not known if the Cabinet was informed about the pending case in the apex court.
“The attempt to impose President’s Rule is yet another attempt to subvert the rule of law and to over reach the authority and majesty of the Supreme Court,” the petition said.