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MLA's resigtion: SC declines to interfere in HC order

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  23 Nov 2015 12:00 AM GMT


Itagar, November 22: The Supreme Court has declined to interfere in the interim order passed by the Gauhati High Court granting stay of the notification of the Secretary, Aruchal Pradesh Legislative Assembly accepting resigtion of two MLAs Wanglin Sawin and Gabriel D Wangsu. The apex court declined to interfere in the order in the Special Leave Petitions (SLP) filed by the state recently. The chain of events in the resigtion debacle started with Chief Minister bam Tuki allegedly obtaining sigture of 18 INC MLAs on blank paper to be used as their resigtion letter in the event of their not supporting his leadership. On sensing dissidence from MLAs Wanglin Sawin and Gabriel D Wangsu, their signed papers were referred to the Legislative Assembly Speaker bam Rebia as their resigtion, which the speaker had again allegedly accepted in a hurried manner ignoring constitutiol provisions and the Rule of Procedure and Conduct of Business of State Legislative Assembly.

The Legislative Assembly Secretary on October 1 last issued a notification conveying acceptance of their resigtion and declared the 2 seats of MLA as vacant.

Being aggrieved with the act of Speaker Rebia and the notification of Secretary, Sawin and Wangsu filed a writ petition in the Gauhati High Court challenging the notification.

The High Court in its order of October 7 last granted stay of the Secretary SPL’s notification and then the state government had later filed a Special Leave Petition No. 32096/2015 in the Supreme Court against the order of the Gauhati High Court in the case.

Advocate General Ranji Thomas along with Senior Advocate Krishmani represented the state government while senior advocate and former Attorney General of India Soli Sorabjee pleaded for the MLAs.

After hearing to the counsels in the matter that was listed on October 20 last, the Supreme Court is said to have expressed its displeasure over the ture of SLP causing serious embarrassment to the wisdom of State Government in filing the SLP.

“We do not see any reason to interfere with the impugned order which is purely an ad-interim order” noted the Supreme Court and disposed off the SLP.

Interestingly, the state Legislative Assembly Secretary in his affidavit made certain statement relating to the interl affairs of the Congress Legislative Party meetings, which he would not have knowledge of unless he was hand in glove with the Tuki faction of CLP.

The MLAs camping at Delhi has further hailed the order of Supreme Court as being the victory of justice in upholding the democratic ethos and a slap on the face of those who attempted to strangulate inner party democracy by resorting to unethical, undemocratic, and autocratic method by misusing power and position for undue and immoral political gains.

The MLAs further noted that this order of the Supreme Court has come as a big relief to all those other MLAs who were forcefully made to put their sigture on white paper by Chief Minister bam Tuki to be used as their resigtion for challenging his leadership.

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