Expressing 'extreme surprise', Arunachal Pradesh Governor J P Rajkohwa on Friday decided to appeal against the Gauhati high court order staying his notification advancing the session of the state assembly, after which the speaker and chief minister were 'voted out' and a new CM was 'elected' in a makeshift premises.
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 Bhavan communiqué said on Friday.
'The governor is extremely surprised to know that a single judge bench of Gauhati high court has stayed his December 9 order of advancing the assembly session from January 14, 2016 to December 16, 2015 -- under Article 174 (1) of the Constitution of India -- and other proceedings, including removal of speaker Nabam Rebia by a resolution of 33 MLAs, and asking for maintaining status quo ante,' the communiqué said.
It, however, did not say where the challenging petition would be filed -- whether before a division bench of the high court or the Supreme Court.
The Raj Bhavan's reaction comes a day after Justice Hrishikesh Roy of the Gauhati high court stayed the notification by which the governor advanced the session. The judge also posted the case for hearing on February 1, next year.
While the assembly premises were sealed by Rebia on Wednesday, dissident Congress MLAs -- along with Bharatiya Janata Party and Independent members – 'removed' the speaker and elected the deputy speaker in his place at a community hall.
On Thursday, the MLAs met at a local hotel to adopt a motion of 'no-confidence' against the chief minister and elect another dissident Congress MLA, Khaliko Pul, in his place.
Rebia moved the high court against the actions of the governor and the deputy speaker.
The Raj Bhavan communique said, 'The proceedings had already taken place much earlier and no-confidence motion against the Council of Ministers, led by Nabam Tuki, was also passed well ahead of the order of the single judge bench, which reportedly took place much later on December 17.'
'The governor also expressed surprise over Justice H Roy casting aspersions on him of allegedly having taken the side of a political party, without going through the records and materials available,' it said.
It added, 'The governor is pained to observe that no notice of the writ petition filed in the court, reportedly on behalf of the removed speaker Rebia, was given to him or his secretariat.'
