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Lifting Status quo, Supreme Court allowed New Government Formation in Arunachal Pradesh

New Delhi: The way for formation of the new Government in the State of Arunachal Pradesh is paved by the decision of the Apex Court of the country which was made on this Thursday, i.e. 18th day of February, this year. In the decision, the Court has removed the Status quo order in relation to the said State.

Moreover, the Five- Judges bench of the honourable Supreme Court of India comprising of Justice J. S. Khehar, Justice Madan B. Loku, Justice Dipak Misra, Justice N.V. Ramana and Justice. P. C. Ghose said while making such decision that it has found no fault with the Guahati High Court’s order dated 7th January, this year, in the effect of which Fourteen legislators’ suspension was disqualified, which was also including speaker Kalikho Pul.

It was seen in relation to the case, where on 26th day of January, this year, the Arunachal Pradesh was placed under the President’s rule. And in this connection, the Apex Court has ordered on 17th day of February, this year that the steps for revocation of the President’s rule could not be taken by the Central Govt. Also, the top court has, then, perused the documents in connection with the Fourteen Congress Legislators’ disqualification, as removed by Nabam Rebia- Speaker, as per order of 15th day of December.

Moreover, in the present order, Justice Khehar stated before removing the status quo that there are Two things which are very clear- that for the removal, the notice for such removal and summons were not served and also notably, this cannot be done (non- serving the parties), for making an interim order. As such in his opinion, Justice Khehar said that the effect of injunction cannot be continued.

Also, the bench has guided both the parties to the dispute that they can now move to the Guahati High Court’s Two- Judges bench. Also, it has directed the said High Court, to decide the controversy within 2 weeks and the counting for this period will be started from 22nd February.

Thus, with the new indications from the Apex Court in this order, it can be seen that the Arunachal Pradesh would be having a new Government after its being ruled by the Congress Government for several years.

Adv. Faim Khalilkhan Pathan