Supreme Court literally slapped on Modi's face this morning with 5 judge bench unanimously setting aside the BJPs adventures in overthrowing Congress government without following the statutory procedure and using Governor as its political puppet.
The Nabam Tuki-led government was dismissed following days of turmoil after 21 of the 47 Congress MLAs rebelled against the chief minister. Arunachal Pradesh was placed under President's rule on January 26. Just before the apex court had reserved its verdict on February 20 this year, rebel Congress leader Kalikho Pul was sworn in as chief minister of Arunachal Pradesh with the support of 18 dissident Congress MLAs and two independents and 11 BJP MLAs who gave outside support in the 60-member assembly.
The five-judge constitution bench, was headed by Justice J S Khehar and other members were Justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana.
- "the order of the governor dated December 9, 2015, preponing the session of legislative assembly from January 14, 2016, to December 16, 2015, is violative of Article 163 read with Article 174 of the Constitution and as such is liable to be quashed and the same is quashed".
- "Secondly, the message of governor directing the manner of conducting the proceedings of the sixth session of legislative assembly of Arunachal Pradesh from December 16-18, 2015, is violative of Article 163 read with Article 175 of the Constitution and as such is liable to be quashed and the same is quashed," the bench said.
- Thirdly, the bench said "all steps and decisions taken by the Legislative assembly of Arunachal Pradesh in pursuant to governor's order of December 9, 2015, are unsustainable and liable to be set aside and as such it is set aside."
- Finally, the bench said "In view of the decision from one to three, status quo ante as it prevailed on December 15, 2015, is ordered to be restored."