Principal Correspondent
KOHIMA, NOVEMBER 12
In a major development, the Division Bench of Gauhati High Court today quashed the order of the Assembly Speaker disqualifying three former NCP MLAs on August 25.
One of the disqualified MLAs, who did not wish to be named, said the final hearing on the disqualification order was taken up by the Division Bench of the High Court in the Principal Bench in Guwahati today.
After hearing the two sides, the Division Bench set aside the Speaker’s order disqualifying the three former NCP MLAs - Imtilemba Sangtam, Dr TM Lotha and Mmhonlumo Kikon - for merging with BJP Nagaland Unit, sources said. The Division Bench has termed the Speaker’s order as illegal under the law and subsequently quashed it.
The quashing of the Speaker’s order gives back the three disqualified NCP MLAs the right to continue as BJP MLAs in the State Assembly.
Nevertheless, highly placed sources told this correspondent that the State Assembly would be making further appeals in the court of law, be it the Constitutional Bench or Supreme Court.
The three NCP MLAs had declared their merger with BJP Nagaland in Kohima on June 16.
Speaker Chotisuh Sazo had issued the disqualification order against the 3 MLAs on August 25.
The disqualification order, first of its kind taken in the State after the 10th Schedule (Anti-Defection Law) came into force, was signed on August 25, more than two months after the then three NCP MLAs declared their merger with the Nagaland unit of BJP.
The Speaker had also declared the three seats of the 12th NLA – 38-Wokha Assembly Constituency (A/C) represented by Dr. TM Lotha, 40-Bhandari A/C by Mmhonlumo Kikon and 52-Longkhim Chare by Imtilemba Sangtam - vacant consequent upon their disqualification.
Subsequently, the three disqualified MLAs had filed interim writ petition in the Kohima Bench of the High Court seeking for squashing of the disqualification order of the Speaker.
The Kohima Bench of Gauhati High Court (GHC) granted interim stay order against the disqualification of the three MLAs on September 12.
However, challenging Justice LS Jamir’s interim stay order the NCP and the Speaker filed two separate writ petitions before the Principal Bench of Gauhati High Court in Guwahati. Both the writ petitions were taken up for hearing before a Division Bench on September 24.
On the day, the Division Bench, after hearing all the facts, had opined that the subject matter pertaining to the writ petition filed by the three MLAs being of immense public importance should be heard by a Division Bench henceforth instead of the Single Bench. It was accordingly ordered that the hearing of the writ petitions be held on October 28 by a division bench of the Gauhati High Court.
However, after the postponement, the final hearing was held today which squashed the Speaker’s disqualification order, sources added.
