Constitution

SC asks BJP to exit state right

Nabam Rebia and Bamang Felix v. Deputy Speaker and others

13.07.2016

The Supreme Court concluded the proceedings of the Governor of Arunachal Pradesh during the 6th session of the State’s Legislative Assembly to be in violation of the constitution and quashed the same. Terming the Governor’s act of calling a meeting of the House before its originally planned date unconstitutional, the Court ushered in another change in the State government.

Further, orders by the Deputy Speaker setting aside orders of disqualification of Congress MLAs that defected to the BJP by the Speaker of the House were also quashed. Justice Lokur stated that the Speaker of the house exercised his powers akin to a tribunal, and challenge against the same would lie before a constitutional court.

Relevant

Samsher Singh vs. State of Punjab and Anr. MANU/SC/0073/1974
S.R. Chaudhuri vs. State of Punjab & ors. MANU/SC/0457/2001
Rules Procedure Conduct Business Arunachal Pradesh Legislative Assembly

Tags : arunachal pradesh president’s rule unconstitutional disqualification

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