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'Surprised' Governor to appeal against High Court order

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  19 Dec 2015 12:00 AM GMT


Dissident group's leader Pul gets anticipatory bail in case lodged against him by Congress, says he too will file counter petition in court

Our Correspondent

Itagar, Dec 18: Aruchal Pradesh Governor JP Rajkhowa has decided to appeal against the Gauhati High Court order staying his decisions regarding the assembly proceedings.

After obtaining all relevant documents, including the writ petition filed and the copy of the order of the single judge bench, an appeal would be made, a Raj Bhawan communiqué informed here today.

"The Governor is extremely surprised to know that a Single Judge Bench of Gauhati High Court Justice Hrishikesh Roy had issued an order staying the December 9 order of the Governor preponing the assembly session from January 14 to December 16 under Article 174 (1) of the Constitution of India and also other proceedings, including removal of Speaker bam Rebia by a resolution of 33 MLAs and asking for maintaining status quo," the communiqué said.

The Governor also expressed surprise on Justice H Roy casting aspersion on him of allegedly having taken side of a party "without going through records and materials available."

"The Governor is pained to observe that no notice or opportunity was given to him and his secretariat after the writ petition was filed in the court, reportedly on behalf of the removed Speaker bam Rebia," the communiqué added.

The Gauhati High Court had yesterday come down heavily on the Governor saying he is required to perform his duty with the aid of the Council of Ministers.

His action of advancing the Assembly session on the demand of Opposition legislators "taints" the decision and renders it "unworthy of the state's constitutiol head", the court had said.

Justice Hrishikesh Roy also observed that the decision of the Governor "reflects the non-neutral role of the constitutiol head and this is undermining the democratic process".

"In discharging this function, the Governor acts as a constitutiol head and therefore his decision to prepone the assembly session without advice of the Chief Minister and primarily on requisition made by the opposition MLAs, taints the Governor's order and renders it unworthy of the State's constitutiol head," Justice Hrishikesh Roy observed in his order yesterday.

He also observed that the power of the Governor to send message to the House was with respect to a pending bill in the House and this power under Article 175(2) cannot be utilized to send message on a pending resolution for removal of the Speaker and "hence this appears to be an act of exceeding the jurisdiction."

Meanwhile, leader of the Congress' rebel group Kalikho Pul today secured anticipatory bail from Gauhati High Court in the wake of a non bailable case registered against him following an FIR Lodged by Aruchal Pradesh Congress Committee (APCC) Legal Cell on Dec 11.

APCC has accused former minister Pul of acquiring funds to 'entice' INC MLAs to join BJP to pave the way for him to become Chief Minister. A commully loaded statement, purportedly made by Pul, has gone viral on social media as well as instant messaging sites.

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