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Court notice to Ministry on Meghalaya

Legal Correspondent

New Delhi: The Supreme Court on Wednesday issued notice to the Home Ministry on a writ petition filed by the Nationalist Congress Party-led Meghalaya Progressive Alliance, challenging the imposition of President’s rule in the State by a March 19 notification and keeping the Assembly in suspended animation.

A Bench of Chief Justice K.G. Balakrishnan and Justices J.M. Panchal and A.K. Ganguly issued the notice after hearing senior counsel T.R. Andhyarujina, appearing for the petitioners — NCP general secretary P.A. Sangma; the former Chief Minister, Donkupar Roy; the former Finance Minister, H.S. Lyngdoh; and Conrad K. Sangma of the Hill State People’s Democratic Party.

Counsel alleged that the Governor’s report recommending President’s rule was actuated with mala fide and gross misuse of power.

The Chief Justice told counsel: “The House has been kept under suspended animation. If you [petitioners] have majority you can prove that and form the government.”

Counsel, explaining the sequence of events, said the Governor had no business to interfere when the MPA had won the trial of strength on the floor of the House.

The Bench then issued notice and posted the matter for April 13.

The petition alleged that the exercise of power under Article 356 was utilised for installing a Congress government, which lost the confidence motion on the floor of the Assembly. It submitted that there was no breakdown of constitutional machinery for imposition of President’s rule. There was no occasion whatsoever for the Governor to give a report to the effect that a situation had arisen in which the government of the State could not be carried on in accordance with the provisions of the Constitution.

“The notification imposing President’s rule is primarily based on the report of the Governor, which suffered from serious legal and factual infirmities and is tainted with pervasive mala fide, which is evident from the record,” it said.

The petitioners asserted that the presidential proclamation could not be used for ignoring the result of the confidence motion, which was passed by the Assembly expressing confidence in the MPA, “which is an alliance of political parties and independent members.”

The petition prayed for quashing the March 19 notification and a direction to restore forthwith the MPA government.

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