Dimapur, Oct. 19 (EMN): The office of the Nagaland chief minister has released a statement seeking to clarify the ongoing dispute over the appointment of the party’s chief whip, and chief minister, besides responding to contentions from the Naga Peoples Front (NPF) led by Dr. Shurhozelie Liezietsu against the NPF led by Neiphiu Rio and TR Zeliang.
The media cell of the chief minister’s office (CMO) issued a press release on Oct. 19. The statement explained at length what is understood to be the genesis of the controversy.
According to the statement, the then chief minister of the state Neiphiu Rio resigned in May 2014 to contest the parliamentary elections after which TR Zeliang took the post. In February 2017, Zeliang resigned and members of the Democratic Alliance of Nagaland (Dan) elected Dr. Liezietsu, then president of the NPF and chairman of the Dan—but not a member of the assembly—to lead the government.
On taking charge as chief minister, Liezietsu resigned as chairman of the Dan but retained his position as NPF’s president; Zeliang being elected as chairman of said alliance.
During a series of meetings of the Dan in July 2017, the statement explained, several resolutions were undertaken. It was resolved that TR Zeliang, leader of the NPF’s Legislature Party be appointed as the person authorized to issue directions to the NPF MLAs (Whip) for all activities on the floor of the assembly, by mandate of paragraph 2(1) (b) of the Tenth Schedule of the Constitution of India.
On the speaker being duly informed by a letter, a notification was issued on the 19th by the assembly secretariat that the NPF Legislature Party had informed the speaker about the appointment of TR Zeliang as whip of the NPF. The governor then wrote to the then Chief Minister Liezietsu on the 11th to obtain the Vote of Confidence on or before 15th.
Liezietsu filed a writ petition before the Kohima bench of the Gauhati High Court challenging the directive of the governor. On the 17th, TR Zeliang ‘filed an appearance’ in a writ petition too, and represented his case.
"After hearing all parties on 18.7.2017, the single judge dismissed (Dr. Shurhozelie Liezietsu's) writ petition. A writ appeal filed against this dismissal of the writ petition was also rejected on 19.7.2017 by a division bench of the Gauhati High Court,” the CMO stated.
On receiving intimation that the writ petition had been dismissed by the high court, the governor requested the speaker on the 18th to call an emergent special session of the Nagaland Legislative Assembly on the 19th to test the majority support of the cabinet headed by the then Chief Minister Liezietsu, the statement explained.
The CMO’s statement read: “On 19.7.2017 — the date notified by the Speaker for holding the Assembly Session to test the majority support of the Cabinet headed by the then Chief Minister Dr. SL (sic), neither Dr. SL nor any member of his council of ministers were present though the rest of the MLAs (members of Dan) were present. No voting took place on 19.7.2017 and the speaker adjourned the house sine die and reported the matter to the governor.”
On receiving intimation that the speaker of the assembly had been constrained to adjourn the assembly session, where neither Liezietsu nor any member of his council of ministers were present, the governor dismissed the ministry based on clause (1) of Article 164 of the Constitution of India, the press release stated.
“By another order (also dated, 19.7.2017), the governor appointed TR Zeliang as chief minister of Nagaland by virtue of powers vested in him under Clause (1) of Article 164 of the Constitution of India. The order also directed TR Zeliang to prove his majority on the floor of the house on or before 22.7.2017.”
The statement then explained the recognition of the speaker to Zeliang’s appointment as leader of the party’s legislature and whip of the party.
“And lastly, since the recognition by the speaker in regard to the appointment of TR Zeliang as leader of the NPF Legislature Party and as Whip of the NPF remains valid and continuing and was never quashed or set aside by any court of law,” the press release stated.
“It is for the general public to decide on whether it is ignorance or hypocrisy that is driving Dr. SL (sic) and his men to make false claims as leader/ chief whip of the NPF Legislature Party and / or to claim of invoking the provisions of Paragraph 2(b) of the Tenth Schedule. The bare plain truth is for all to know and understand.”