Rajkhowa had advanced to December 16, 2015 the commencement of the assembly session, earlier scheduled to meet on January 14, in the wake of dissident activities in the State.
He had directed that the resolution for the removal of Speaker Rebia moved by the dissidents including opposition BJP lawmakers taken up as item number one and the party composition of the state assembly would remain unaltered.
It was argued on behalf of Governor Rajkhowa that if Governor, under the constitution, had power to prorogue the House then he could as well advance its commencement otherwise scheduled for later date.
While reserving their order on the petitions challenging the role of the Governor on February 22, 2016, the constitution bench comprising Justice Jagdish Singh Khehar, Justice Dipak Misra, Justice Madan B. Lokur, Justice Pinaki Chandra Ghosh and Justice N.V. Ramana had said that if they come to conclusion that Rajkhowa had exceeded his jurisdiction in exercise of his discretionary powers then it would put the clock back to the situation prior to December 16.
The constitution bench declared its stance after Governor Rajkhowa had told the court that if it (constitution bench) came to the conclusion that he had exceeded his jurisdiction in the matter, then only these two decisions would be quashed and not his recommendation for the imposition of President's rule in the State.
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