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10. In their narration, learned counsel also pointed out, that on 16.11.2015, a notice of resolution for the removal of the Deputy Speaker – Tenzing Norbu Thongdok, was moved. The same was allegedly moved by 16 MLAs, belonging to the INC. As a matter of clarification, it would be pertinent to mention, that the Deputy Speaker had been elected as an MLA, on the nomination of the INC.

11. On 19.11.2015, a notice of resolution for the removal of the Speaker of the Assembly – Nabam Rebia, was moved by the 13 MLAs – 11 belonging to the BJP, and 2 Independent MLAs. It was submitted, that the aforesaid notice was issued under Article 179(c) read with Article 181, and Rules 151 and 154 of the Rules of Procedure and Conduct of Business of the Arunachal Pradesh Legislative Assembly, framed under Article 208 (hereinafter referred to as, the ‘Conduct of Business Rules’). The notice depicted the following grounds for the removal of the Speaker:

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 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:

20. On the same day – 9.12.2015, the Governor issued a message under Article 175(2) inter alia fixing the resolution for the removal of the Speaker, as the first item of the House agenda, at the first sitting of its 6th session. A relevant extract of the same is reproduced hereunder:

“1. The resolution for removal of Speaker shall be the first item on the agenda of the House at the first sitting of the Sixth Session of the Sixth Arunachal Pradesh Legislative Assembly;
2. As the resolution for removal of the Speaker shall be the first item of business, at the first sitting of the Sixth Session of the Sixth Arunachal Pradesh Legislative Assembly, the Deputy Speaker shall preside over the House from the first moment of the first sitting of the House in accordance with provisions in article 181(1) of the Constitution of India;