Speaker of present Nagaland Legislative Assembly (NLA) Kiyanilie Peseyie has turned down leader of opposition Chingwang Konyak’s request to withdraw the directive earlier issued by Speaker of the 10th NLA on August 21, 2006, relating to disqualification of three Independent MLAs to vote in the December 13, 2007 no-confidence motion against the DAN Government.
“To sum up, the issue you (Chingwang) have brought before the Speaker a matter adjudicated in the 10th House which has been dissolved. Speaker is of the view that being the Leader of the Opposition you are well aware of the Rules of procedure of Nagaland Legislative Assembly that the Hon’ble Speaker of the 11th House is not empowered to take any decision on any matter decided by the Speaker of the 10th House,” stated a letter issued to the Opposition leader by secretary, NLA, AE Lotha.
On Chingwang’s other demand that the Speaker should give a written assurance that he would not issue similar directives in future, the NLA letter said the Speaker was of the view that leaders of various political parties cannot d irect the Speaker to give assurances on any issue.
On the other hand, it was upto the Speaker to issue direction under Rule 313 of the Rules of Procedure and Conduct of Business in the State assembly, to the members of different political parties in the House, the letter said and added the demand was, perhaps, beyond the constitutional provisions.
The letter further said the “Direction” issued by the Speaker on August 21, 2006, was applicable to all political parties, irrespective of ruling or opposition, and that the Speaker had issued the direction in exercise of the powers conferred upon him under Rule-19 of the Members of the Nagaland Legislative Assembly (Disqualification on Ground of Defection) Rules, 2003, with a view to maintain decorum and dignity of the House, which he was supposed to do.
NLA said at that point of time, no legislator had raised any objection or obstruction to the Speaker’s direction.
Earlier, the Opposition leader had requested the present Speaker to withdraw the earlier order, stating that the judgement of the Gauhati High Court in the PIL filed by Yitachu, MLA, with regard to imposition of President’ Rule in Nagaland as well as the parliamentary practice in Lok Sabha as seen in the recent trust-vote, where even the vote of Lok Sabha MP Wangyuh Konyak who voted against the whip issued by the NPF party was counted, were a clear vindication of the opposition bench.
“It is now crystal clear that your action was found to be unconstitutional and contrary to parliamentary rules, practices and convention,” Konyak said and requested the Speaker to withdraw the directive, which was circulated by the secretary, NLA, dated august 21, 2006.
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