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2016 Supreme(SC) 548

JAGDISH SINGH KHEHAR, DIPAK MISRA, MADAN B.LOKUR, PINAKI CHANDRA GHOSE, N.V.RAMANA
NABAM REBIA, AND BAMANG FELIX – Appellant
Versus
DEPUTY SPEAKER – Respondent


JUDGMENT :

JAGDISH SINGH KHEHAR, J.

1. Leave granted.

2. The 5th session of the Arunachal Pradesh Legislative Assembly (hereinafter referred to as, the Assembly/House) was concluded on 21.10.2015. On 3.11.2015, the Governor issued an order summoning the 6th session of the Assembly, to meet on 14.1.2016 in the Legislative Assembly Chamber at Naharlagun. The instant order was passed by the Governor, on the aid and advice of the Chief Minister, and in consultation with the Speaker of the House. The 6th session of the House was preponed by the Governor from 14.1.2016 to 16.12.2015, by an order dated 9.12.2015 indicating inter alia the manner in which the proceedings of the House should be conducted. In its support, the Governor issued a message on 9.12.2015. These actions of the Governor, according to learned senior counsel for the appellants, demonstrate an extraneous and inappropriate exercise of constitutional authority. The above order and message of the Governor, without the aid and advice of the Council of Ministers and the Chief Minister, constitute the foundation of the chal

































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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