The Supreme Court of India of June 15, 2016 dismissed the special leave petition (SLP) filed by the Nagaland chief minister T.R. Zeliang against the impugned final judgement and order dated April 25, 2016 passed by Gauhati High Court at Kohima pertaining to his educational qualification case.
A vacation bench comprising Justice Adarsh Kumar Goel and Justice L Nageswara Rao, after hearing the counsel for the petitioner, said that since by the impugned order, the matter has been left to be decided by the Trial court, “we do not consider it necessary to go into the merits and entertain this petition.”
However, while disposing the petition, the bench directed that the Trial court must, in the first instance, determine the question of limitation. And for that purpose, the bench said the petitioner need not appear in person and can appear through his counsel. “It will be open to the petitioner to raise all contentions, as may be available in law,” the bench said. The court also granted liberty to the petitioner to take his remedies in accordance with law if he was aggrieved by the order which may be passed by the Trial court.
It may be mentioned that Gauhati High Court, Kohima Bench on April 25, 2016 quashed all three cases pertaining to the educational qualification of chief minister T.R. Zeliang, but did not stop proceedings filed by Maziezokho Niza of Jotsoma village and the other by Kuilimbe against Zeliang.
The summons issued by the Judicial Magistrate First Class (JMFC) Kohima on T.R. Zeliang was quashed but that the case was transferred to the court of JMFC Peren district, where the cause of action (filing of nomination forms for election by T.R. Zeliang occurred).
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