In a dramatic turn of events following the High Court order, paving way for the floor test and the subsequent move by the BJP party, literally jumping the gun in support of T.R. Zeliang even as the issue of NPF leadership was still yet to be decided on the floor of the House on July 19, the NPF during its emergency meeting of the Central Executive Council, central office bearers, division presidents and frontal organisations on July 18 evening resolved to sever the 40 year old ties with the BJP party and also resolved to approach the President of India to recall the Governor immediately.
NPF party lamented that since the BJP had “decided to foment instability in the State for its own selfish ends in the near future, the NPF has resolved to sever ties with the national party, BJP, with which it has been associated with since 1977.”
Further, as per the resolution committee convenor Sebastian Zumvu and members– Pusazo Luoruo, Lepshi Ao, Shingnyu Khiam and Zaku Tsukru, the party also observed the “undue haste and favour shown by Nagaland Governor towards the dissident legislators.” While questioning the neutrality and the apolitical stand of the Governor, NPF was of the opinion that the Governor “has misused, abused and tarnished Raj Bhavan to favour rebellion within the NPF party to enhance the political fortunes of the BJP in Nagaland.” In this connection, NPF resolved to approach the President of India to recall the Governor of Nagaland immediately so that the sanctity of the gubernatorial office in the State is maintained in future.
According to the committee one of the factors that led to rebellion was the series of actions taken at the initiative of chief minister, Dr. Shürhozelie Liezietsu after he was sworn in. The party said within a short span of time Dr. Liezietsu put his foot down agasint corruption and malpractices in the state such as— back door appointments, deduction of funds by legislators, ensuring that administration and governance was transparent, attendance in office and other vital issues. On the basis of these, the party resolved to appeal to the people of Nagaland, who wanted positive changes, to come together and work for the betterment of the society in the days to come. Further, NPF said its members were alarmed that the 10th Schedule of the Constitution was being circumvented by unethical elements with active support of political powers that be in the country in order to enhance their political fortunes. In order to check these, NPF said it had to take legal recourse to ensure that the aims and objectives of anti-defection laws were upheld. NPF in particular resolved to appeal to the Speaker of NLA, to rise above political considerations and to remain as the embodiment of propriety and impartiality during the crisis.
Gov summons floor test today
In a major setback to Nagaland chief minister, Dr. Shürhozelie Liezietsu, the Kohima bench of Gauhati High Court in its verdict on Tuesday upheld the directive of Nagaland Governor, P.B. Acharya to hold the floor test, while vacating the earlier interim stay order issued by the court on July 14. Hours after the court verdict, Nagaland Governor, P.B. Acharya directed NLA Speaker to summon an emergent Special Session of the Nagaland Legislative Assembly on July 19, 2017 at 9:30 a.m. to test the majority support of the present cabinet led by chief minister, Dr. Shürhozelie Liezietsu.
It may be recalled that, chief minister, Dr. Shürhozelie Liezietsu had approached the court citing various reasons such as– the crisis was an internal party problem, which did not require to be taken to the Governor’s office, that the Governor can summon or prorogue and dissolve the house, only on the aid and advice of the Council of Ministers with the chief minister as the head. And not at his own.”
The hearing was held on July 17 where the petitioner Dr. Shürhozelie was represented by senior counsel of Supreme Court, Meenakshi Arora while NLA Speaker was represented by senior advocate SS Dey (respondent No.1) and T.R. Zeliang represented by C.S. Vaidyanathan (respondent No. 2). Interestingly, in the original petition only the office of the Speaker was impleaded as respondent No.1. However, when the case came for hearing on July 17, objections were made by supporters of respondent No. 1 for non-impleadment of T.R. Zeliang.
After considering the matter, learned senior counsel for the petitioner made an oral submission for impleading T.R. Zeliang as respondent No. 2 which was not objected to.
On July 18, single bench judge L.S. Jamir in the order, after hearing counsels for Dr. Shürhozelie Liezietsu and NLA through its Speaker and T.R. Zeliang, vacated the interim order which was issued on July 14.
The judge further stated that “the matter is left to the wisdom of the Governor to take a decision on the same after proper application of mind.”
NPF party issues Whip, warns legislators of action
Following the directive of the Governor to summon an emergent special session of the NLA, the NPF Legislature Party Chief Whip, Kiyanilie Peseyie has issued a three-line Whip to all NPF legislators, to comply with its directive or face consequences under the 10th schedule of the Constitution of India.
1. If any motion of confidence is moved by Dr. Shürhozelie Liezietsu, all NPF Legislators shall and are hereby directed to vote in favour of the motion. If any motion is moved by anybody expressing no-confidence in the Council of Ministers headed by Dr. Shürhozelie Liezietsu, all NPF Party Legislators shall vote against the motion.
2. Notwithstanding dissenting opinions that maybe expressed by any member or members of the DAN Coalition belonging to Political Parties other than the NPF Party, all NPF Party Legislators shall and are hereby directed to vote in favour of the motion if tabled by Dr. Shürhozelie Liezietsu expressing the confidence of the House in the Council of Ministers headed by him.
3. The directions issued in terms of 1 and 2 above are reaffirmed and reiterated and NPF Party Legislators shall and are hereby directed to vote in favour of the motion expressing confidence of the House in the Council of Ministers headed by Dr. Shürhozelie Liezietsu, and to vote against any motion expressing lack of confidence in the Council of Ministers headed by Dr. Shürhozelie Liezietsu. NPF Party Legislators disobeying the Whip/directions of the Party issued hereinabove shall be liable to be disqualified in terms of the Tenth Schedule of the Constitution of India.
Motion: When MLAs go to the Assembly on Wednesday for the floor test, a motion would have to be moved to be voted upon. The leader of the house seeks vote of confidence on his leadership by moving a motion. Opposition members can also move a motion expressing loss of confidence in the leader of the house. The question on Wednesday would be as to who would move the motion?
The Speaker is expected to recognise the official whip for voting. However, if the Speaker recognises the Whip appointed by dissidents, then would be challenged but the voting would have taken place.
Will remain a constituent of DAN group under TR Zeliang: BJP
After maintaining “neutral stand” over the current political crisis, the BJP on Tuesday decided to back the group led by T.R. Zeliang.
In a letter to Nagaland Governor, P.B. Acharya, signed by state BJP unit president Visasolie Lhounghu and four MLAs– Paiwang Konyak (minister), Dr. T.M Lotha (Advisor to CM), Imtilemba Sangtam (Advisor to CM), Mmhonlumo Kikon (MLA & Chief Whip) stated the BJP being a constituent of the Democratic Alliance of Nagaland (DAN) in Nagaland “continue to remain as a part of the arrangement till date.” “In the present political crisis in the state government, the BJP has decided to remain a constituent of the DAN group led by the DAN chairman, T.R Zeliang,” the BJP stated.