1. DAN (Democratic Alliance of Nagaland) is a conglomeration of Political parties and Independents in Nagaland. To start with, DAN had NPF, BJP, JD(U), NCP, NDM etc., with Independents. With mergers taking place, today DAN-III has all the NPF and BJP MLAs and all Independent MLAs. The recent appointment of Shri Kuzholuzo Azo Nienu, as DAN Chairman has only the approval of Dr. Shurhozelie Liezietsu, the President of NPF. The appointment does not have the express approval of the BJP and Independent MLAs. Shri Kuzhuoluzo’s appointment as DAN Chairman therefore does not pervade beyond NPF and his appointment therefore is a politically and legally infirm exercise.
2. On the other hand, Shri T.R. Zeliang was proposed by Dr. Shurhozelie Liezietsu to be Chairman. DAN and unanimously elected to that position by DAN legislators comprising of 48 NPF, 4 BJP and 8 Independent MLAs on 22.2.2017. He still enjoys the confidence of the DAN legislature parties with majority. Any MLA to replace She T.R. Zeliang, must have the approval of majority of NPF, BJP and Independent MLAs in a similar manner. The Notification No. Cab/1/2013 dated 10.7.2017 conferring cabinet status on Shri Kuzholuzo is therefore ultra vires the law relating to such appointments. The said Notification is void ab initio since Shri Kuzholuzo does not have the sanction of NPF, BJP and Independent MLAs to be the Chairman of DAN. It is strange and unfortunate that the Notification does not even invoke the name of the Governor as required under article 166 of the Constitution of India. The MLAs and public may therefore ignore this notification as rubbish produced by a beleaguered Chief Minister and as lacking legal validity. Only Shri TR Zeliang has this distinction of having the approval of all NPF, BJP and Independent MLAs and he continues as DAN Chairman from 22.2.2017 with Cabinet status. His appointment is revocable only by all NPF, BJP and Independent MLAs and not by Dr. Shurhozelie, who is a minority Chief Minister with the support of only 10 MLAs and awaiting his own exit.
3. For his greed to hang on to power with minority MLAs support, one should not overlook the democratic system and do as one likes. What is surprising is, that Dr. Shurhozelie Liezietsu, who claims to be a Christian to the core, chose a Sunday (9.7.2017) to commit the evil acts of dispossessing his own party MLAs of their portfolios as Ministers, Parliamentary Secretaries, Advisors and Chairmen. He even went to the extent of withdrawing their vehicles, security and official bungalows thereby displaying his sense of vengeance not a forte of a Christian.
Merentoshi Jamir
NPF MLA
