After Speaker of the NLA Dr. Imtiwapang Aier twice (July 18 and July 20) did not respond to the demands made by 11 legislators as to on what ground he appointed chief minister T.R.Zeliang as the NPF legislature Whip and if he had done so by withdrawing recognition of Kiyanilie Peseyie as official Whip, the 11 legislators (10 NPF and 1 independent) are all set to take the matter to court. Disclosing this to media persons during an interaction at the CM’s residence Kohima Sunday evening, former Speaker Chotisuh Sazo MLA reiterated that the present Speaker was obligated to clarify the matter since NPF is a registered party and its constitution accepted by the ECI.
Sazo went on to explain that as per the NPF constitution Article Chapter 5 and Section 10, the party president authorises promulgation of ordinance to all members including the legislature. He further cited Tenth Schedule Para 2, 1b of the constitution wherein it mentions that a political party has to give direction to its legislators whether to vote in favour of or against or to abstain. This direction is issued by the Whip appointed by the party for its legislature.
Sazo pointed out that in the case with T.R. Zeliang, he appointed himself as leader of NPF legislature and also as the Chief Whip of the party when he was already expelled from the NPF. He said the appointment of Kiyanilie as Whip was not revoked nor withdrawn and therefore, appointing T.R.Zeliang as the whip of NPF will be challenged in court.
When the matter goes to court on who is the whip of the NPF, Sazo said if the ruling favoured NPF party then all the 37 NPF legislators who voted against the whip will be disqualified unless the NPF party condones it within 15 days.
Sazo said the Speaker is supposed to be neutral since he no longer belongs to any political party while holding the chair. He said since the Tenth Schedule does not cover the Speaker that the latter could rejoin NPF after resignation but subject to approval of the party.
On T.R. Zeliang’s contention that appointment of whip was not mentioned in the NPF constitution, Sazo pointed out that the party constitution authorises the party president to promulgate ordinance(s) to any of the party members including legislators. Therefore, he said the word ‘whip’ need not be mentioned in this context as the directive was clear. He claimed that most of the members in the other camp were “misguided” about theses issues.
Sazo said appointments of party whips as that of Kiyanilie and other states and union territories are forwarded for record with ECI. He said in the state assembly, there is record of the whip of NPF party but no record of any entity as ‘NPF legislature party.’
DAN Chairman Kuzholuzo (Azo) Neinu, MLA said if the legislators are disqualified, the first timers especially will not be entitled pension or other benefits since they cannot be deemed as ‘ex-MLA’.
On his appointment as DAN Chairman Azo said the post does not belong to anyone but decided by NPF, BJP, JDU and NCP. After NPF cut off links with BJP, he said of JDU and NCP still support NPF but if both withdraw support, then he will cease to be DAN chairman.
On his appointment as NPF legislature party leader, Azo said the MLAs and party president endorsed his name but that the NLA did not accept. He accepted it since to be legislature party leader he must have support of one half majority of members. However, Azo argued that after 20 MLAs were expelled and ten suspended from T.R. Zeliang’s group, he has fulfilled the criteria of having one half majority of NPF legislators and so the Speaker has not option but to accept his appointment as legislature party leader. He said Zeliang was expelled for six years from the party while others for an indefinite period but the latter cases could be reconsidered by the party.
Yitachu, MLA renewed his attack on the Governor by terming his recent actions as “arbitrary and unconstitutional”. He also asked under which letter head did T.R.Zeliang write to Governor to stake claim for forming government and sworn-in? Yitachu said even on this issue, they will go to court as such an unconstitutional manner cannot be allowed to have sway in Nagaland at least in the 21st century.
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