Supreme CourtFull Bench(2016) 01 SC CK 0006

Nabam Rebia vs Registrar General, Gauhati High Court and Others

Supreme Court Of India · Decided on 27 January 2016 · Citation: (2016) 1 Scale 645

HON’BLE JUDGES
J.S. Khehar, Dipak Misra, Madan B. Lokur, Pinaki Chandra Ghose and N.V. Ramana, JJ.
RESULT
Disposed Of
CASE NUMBER
SLP(C) No. 876/2016, SLP(C)...CC Nos. 779-780/2016, SLP(C) Nos. 1259-1260 and W.P.(C) No. 53 of 2016

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Judgment

7 paragraphs · 264 words

Writ Petition(C) No. 53 of 2016

1.

Issue notice to Respondent Nos. 1 and 2 only. Service on Respondent No. 3 is dispensed with till further orders.

2.

Mr. B.V. Balaram Das, Advocate accepts notice on behalf of the Union of India, and Mr. Vikas Singh Jangra, Advocate accepts notice on behalf of the Governor of Arunachal Pradesh.

3.

Learned Attorney General for India appearing for the Union of India seeks liberty till 29.01.2016 to file counter affidavit, if any, and requests that the matter may be posted for hearing on 1.2.2016. Mr. Satya Pal Jain, learned Senior Counsel representing the Governor of Arunachal Pradesh undertakes to furnish a copy of the Governor''s report and other material recommending issuance of a proclamation Under Article 356 of the Constitution of India, to the Court in a sealed cover.

4.

In the above view of the matter, liberty is granted to Respondent Nos. 1 and 2 to file their respective counter affidavits, if any, by 29.01.2016. Respondent No. 2 shall also intimate the date of report of the Governor recommending President''s Rule to the learned Counsel for the Petitioner during the course of the day.

5.

On a request made by Mr. Fali S. Nariman, learned Senior Counsel representing the Petitioner, liberty is granted to the learned Counsel for the Petitioner to amend Writ Petition No. 53 of 2016, so as to assail the report of the Governor, and the consequential proclamation.

6.

List along with other matters on 1.2.2016 at 2.00 p.m. Original record be kept available by the learned Attorney General during the hearing.