A DAY after he stepped down as Speaker of Arunachal Pradesh Assembly after the Supreme Court verdict on July 13 questioned his authority to disqualify 14 rebel Congress MLAs, Nabam Rebia moved the court seeking a reconsideration of the verdict.
While reinstating the Congress government in the state, the five-judge Constitution Bench of the apex court had held that Rebia, the then Speaker, could not have disqualified members for defection when a notice for his own removal was pending.
The verdict, which was silent whether this principle would apply retrospectively or prospectively, comes handy for disqualified MLAs of Uttarakhand, too.
Tenzing Norbu Thongdok was Wednesday unanimously elected the new Speaker.
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In his review petition, Rabia has claimed that interpretation of the relevant constitutional provisions as given by the majority judgment on July 13 was “an error apparent on the face of record…”
Rabia disputed parts of the judgment that asked the Speaker to hold his hands and not decide disqualification petitions under the Xth Schedule after MLAs had moved for removal of the Speaker. The petition, settled by senior lawyer Kapil Sibal and drawn by advocate Devadatt Kamat, said that interpretation of Article 179(c) by the court was “entirely incorrect” as it failed to notice the relevant Constituent Assembly debates in relation to the words “all the then Members”.