Document Fragment View

Matching Fragments

By such continuous actions and activities you have distanced yourself and from your conduct we have come to the conclusion that you have voluntarily given up your membership of Indian National Congress and the Congress Legislature Party.
I am enclosing herewith he letter received from the General Secretary, AICC vide dated 06/12/2015, addressed to you in this regard.”
15. It was also pointed out, that a very important event, sponsored by the respondents, took shape on 19.11.2015. The 13 MLAs who had issued the notice of resolution for the removal of the Speaker – Nabam Rebia, forwarded its copy to the Governor, with a covering letter dated 19.11.2015, wherein, they requested the Governor, to prepone the 6th session of the Assembly. Their prayer was aimed at expediting the removal of the Speaker – Nabam Rebia. This, according to the appellants, is apparent from the fact, that the request for preponement was sought on the ground, that the issue of removal should be taken up immediately after completion of the 14 days notice, mandated under Article 179(c). The 13 MLAs also pressed, through their above letter, that the party composition in the House, be not altered, till the resolution for removal of the Speaker, was finally disposed of.
WHEREAS the notice of resolution for removal of the Speaker as aforesaid has complied with the notice period of 14 days on the 4 December, 2015 (excluding the day of notice and 4 December, 2015 – 14 days clear notice) as required under the first proviso to article 179(c) of the Constitution of India:
WHEREAS it has been judicially held in Nipamacha Singh and Others Vs. Secretary, Manipur Legislative Assembly and Others [AIR 2002 Gauhati 7] as under:
“13… the powers to consider or to reject a motion for removal of the Speaker from his office did not vest in the Speaker but in the Legislative Assembly under article 179 and 181 of the Constitution…” WHEREAS in view of the above judicial order, it is a Constitutional obligation on my part to ensure that the resolution for removal of Speaker is expeditiously placed before the Legislative Assembly: WHEREAS I have also received a request from the notice givers of the resolution for removal of the Speaker that the sitting of the sixth session of the Sixth Arunachal Pradesh Legislative Assembly originally slated for 14 January, 2016 may be advanced so as to enable the House to urgently consider the resolution for removal of the Speaker:
Signed 8.12.15 D.S. Illegible signed 08.12.15” Based on the note/endorsement extracted above, it was submitted, that even though the Deputy Secretary to the Governor, through his communication dated 7.12.2015, had sought “A copy of ...” the notice of resolution for the removal of the Deputy Speaker – Tenzing Norbu Thongdok, the same was not furnished to the Governor. Further more, it was pointed out from the note/endorsement dated 8.12.2015 (of the Superintendent of Police-cum-ADC to the Governor), that even on his visit to the office of the Speaker, when he had met the Secretary, the Additional Secretary and the Officer-on-Special Duty to the Speaker, he was not furnished with a copy of the notice of resolution for the removal of the Deputy Speaker. Rather he was informed, that the same was in the personal custody of the Speaker, who was on tour in his home constituency. Learned counsel for the respondents wishes us to draw a very important inference, from their instant assertion. That, the factum of the custody of the notice of resolution for the removal of the Deputy Speaker, was allegedly in the custody of the Speaker of the House, and that, the Speaker never ever produced the original thereof. And the Speaker, who is one of the appellants before this Court, did not produce the same, even when it was called for by the Court. And secondly, despite repeated efforts made by the Governor, to obtain a copy of the notice of resolution for the removal of the Deputy Speaker – Tenzing Norbu Thongdok, no such copy was ever furnished to him, by the office of the Secretary of the Legislative Assembly.
1. Date of receipt of the notice of 19/11/2015 the resolution of the Legislative Assembly.
2. Action taken by the Legislative File processed and Assembly on the notice under consideration of Hon’ble Speaker
3. Highlight of the precedents, if Nil.

any.

Yours faithfully, signed (M. Lasa) Secretary, Arunachal Pradesh, Legislative Assembly Naharlagun.” It was the submission of learned senior counsel for the respondents, that the letter-head on which the two communications were addressed by the Secretary of the Legislative Assembly on 8.12.2015, depicting details of the resolutions for the removal of the Speaker and the Deputy Speaker, even though addressed on the same day, were different. Having perused the same, we hereby affirm the assertion. It was also pointed out, that the seal of the receipt affixed by the Governor’s Secretariat, on the two letters were markedly different, inasmuch as, the seal of the Governor’s Secretariat on the letter bearing no.LA/LEG-24/2015 (pertaining to the notice of resolution for the removal of the Deputy Speaker) was of long and almost twice the size of the seal on the letter bearing no. LA/LEG-26/2015 (pertaining to the notice of resolution for the removal of the Speaker), which was circular. The former letter merely recorded in writing the date 8.12.2015 on the receipt, whereas the latter bears a printed receipt number, as also, a printed date of receipt, which we were informed, is the usual practice adopted in the Secretariat of the Governor.