A-G: House, not Supreme Court must resolve crisis

In the Supreme Court, attorney-general Mukul Rohatgi said: “This is suspension (Assembly). It has to go. There has to be a government. Where is the cloak of invincibility Your lordship is getting into the political thicket.” His argument was that since it was a political issue, it was for the House to decide the issue and not for the courts to step in. The court asked him: “How are you interested The A-G said he was appearing for both the Centre and the President of India. “I am interested in the revocation of President’s Rule and the installation of a new government.” A five-judge Constitution Bench that comprised Justices J.S. Khehar, Dipak Misra, Madan B. Lokur, P.C. Ghose and N.V. Ramana then ruled: “No order on the interim application”.

Earlier, the attorney-general had told the court it could not interfere in the matter as it would otherwise create a “constitutionally inc-ongruous” situation.

Thus rebel Congress leader Kalkhi Pul, who has the backing of the BJP, can now stake his claim to forming a government once President’s Rule is revoked.

Senior counsel Kapil Sibal and Fali S. Nariman pleaded for a “status quo order” and a “stay” on the formation of a new government, but the A-G opposed the plea and told the court it would be inappropriate for the court to intervene at this juncture. He told the bench that as the highest court of the country, it has the power to review the decision of the formation of the new government after hearing the entire dispute on merits.

While Mr Nariman insisted that the governor has already recommended the revocation of President’s Rule and has invited Kalkhi Pul to form a government, T.R. Andhiarujina, appearing for the governor, said all the statements by Mr Nariman was mere speculation. The arguments will continue on Wednesday.

It may be recalled that on Monday, Mr Pul, accompanied by 31 MLAs, called on the governor to stake claim to forming the government in the state. He was accompanied by 19 Congress MLAs along with 11 BJP legislators and two Independent members. This led the Congress to move the Supreme Court seeking an order that no new government formation be permitted and that the status quo be maintained. The court, however, refused to pass an interim order restraining the governor from swearing in a new government in Arunachal Pradesh.