SC concedes mistake, recalls notice to Arunachal Governor

Supreme Court Recalls Notice Issued to Governor JP Rajkhowa

BJP MP Shatrughan Sinha jibes at PM Modi's advisors over President Rule in AP

Initially, the bench expressed reluctance in issuing the notice, saying the issues raised in fresh pleas were similar. The Congress, that was in power at the state, protested President's Rule being imposed before the matter was heard by the Supreme Court. The bench made the remark at the outset when Attorney General Mukul Rohatgi pointed out the legal position and referred to a 2006 judgement which had held that Governors can not be asked to join legal proceedings.

Under the Article, both the President and the Governor of a State "shall not be answerable to any court" for acts done in performance of their powers and duties.

When his attention was drawn to the fact that there were several cases regarding the state in Supreme Court, the Governor said everybody including him has to abide by the verdict of the apex court.

On November 19, 2015, the Governor received a notice of resolution for removal of Nabam Rebia from the office of the Speaker by Tamiyo Taga, leader of opposition, and signed by 12 other members of the Assembly, the affidavit said.

However, such immunity to the Governor does not take away the power of the Supreme Court to examine the validity of his action on the ground of mala fide.

Initially hesitant to give any document, Rohatgi told the court that all it had to examine is "whether there is material for the promulgation of President's rule and if (court is satisfied) it is there then everything else goes". "I will be responding to them in this court and my responses may impact him".

The Supreme Court has recalled its order to the Governor of Arunachal Pradesh, Jyoti Prasad Rajkhowa, seeking a report explaining President's rule in the state on Monday, 1 February.

Nariman also sought the stay of January 26 memorandum issued by the governor dismissing the chief minister and his council of ministers.

"In addition, special reports dated October 17, 2015, November 19, 2015, December 16, 2015 and December 17, 2015 were also send by the Governor to the aforesaid addressees", it said. "I hope wish and pray, they will accept my sincerity and loyalty towards the party", the actor-turned-politician said.

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