Our Correspondent
Kohima, Oct. 31 (EMN): Nagaland Legislative Assembly (NLA) Speaker, Dr. Imtiwapang Aier has on Tuesday, after hearing the submissions of both the petitioner and respondents on disqualification petition against 9 MLAs, adjourned the case till November 28.
The case pertains to the petition for disqualification filed by Chief Minister TR Zeliang against
10 MLAs - Kiyanilie Peseyie, Y Vikheho Swu, Chotisuh Sazo, Kuzholuzo Nienu, Yitachu, CL John, N Thongwang Konyak, P Longon, R Tohanba and T Torechu before the speaker on Aug. 4 last for defying Zeliang’s directive as the chief whip of the Naga People’s Front (NPF).
On Tuesday, the counsels for the petitioner and the respondents were said to have submitted their respective lists of questions and issues before Speaker Aier, who then set another time to hear further submissions from both parties. The speaker is stated to have given the petitioner to make submissions on Nov. 11 while the respondents will make their submissions on the following day, Nov. 29.
On the other hand, the NPF led by Dr. Shürhozelie Liezietsu had also filed a disqualification petition in August against 36 NPF legislators for defying the directive issued by the party whip Kiyanilie Peseyie and voting in favour of expelled party member and chief minister Zeliang during the July 21 floor test. Zeliang had then won the trust vote in the Assembly with 47 out of 58 MLAs voting in his favour after he moved motion of confidence in the House, while 11 (10 NPF and 1 independent) voted against him.
Following Peseyie’s demise on Sep. 27, MLA Yitachu was said to have filed for being impleaded as co-petitioner in the same case on Oct. 3. It was learnt that the speaker has accepted MLA Yitachu’s application to be co-opted as the as the petitioner in lieu of Peseyie.
Speaker has accepted two NPF whips: Sazo
Against the backdrop where NLA speaker Dr. Imtiwapang Aier has accepted disqualification petitions of both rival NPF groups, one led by MP Neiphiu Rio and the other by former chief minister D. Shürhozelie Liezietsu, MLA and former speaker Chotisuh Sazo Tuesday alleged that the crisis which the party was facing today was because the speaker had accepted two whips (of the same party).
Speaking at the NPF Central Youth Wing’s indefinite ‘dharna (sit-in protest)’ against speaker Aier’s inaction as it entered the seventh day on Tuesday outside the Civil Secretariat Kohima, Sazo said the speaker had unconstitutionally accepted the whip of TR Zeliang appointed by the legislature party despite the existence of the NPF chief whip Kiyanilie Peseyie who was appointed by the party. He asserted that the speaker had been acting in violation of the Constitution of India as well as the NPF party constitution and that the party’s youth wing would not be staging the present protest had the speaker followed the constitution and the given rules.
Sazo alleged that the speaker decided to hear the disqualification petition against 9 MLAs on Tuesday after accepting the “unconstitutional whip of TR Zeliang”. Stating that the 9 MLAs were ready to face anything, he maintained that they (9 MLAs) were not afraid if the speaker was to disqualify them ‘out of the constitution’.
He also remarked that it was only after the NPF Youth Wing launched its dharna on week ago which prompted the speaker to slowly initiate moves.
On the speaker’s earlier explanation that the demise of the petitioner (Peseyie) had rendered the proceedings of the disqualification case infructuous, Sazo said there was no point of the case being infructuous as even after the petitioner’s demise, the petition was still there and MLA Yitachu filed an impleadment as co-petitioner in place of Peseyie on Oct. 3. The speaker issued an order only today that the petition was accepted on Oct. 27 despite the rule that he was required to take prompt action within 10 days after receiving the application, Sazo retorted, and questioned as to how the speaker can act “khushi-khushi”, as per his own whims.
“Just because we are minority in number of legislators, the majority is applying thumb-rule, but should we stand on what is right or go towards the wrong side which has majority? We must stand up for what is right even if means we are standing alone,” Sazo called upon the party’s youth.
Meanwhile, talking to media persons on the sidelines of the protest, MLA Yitachu said that the recent actions of the speaker were just an ‘eyewash’ for the people to believe that the speaker had initiated some steps, and to let the NPF youth to call off their ‘dharna’. He alleged that the steps initiated by the speaker were ‘meaningless’ as they pertain to the July 19 assembly session where no business of the House took place. He pointed out that speaker was yet to initiate any step of action on the July 21 session where actual voting took place.
“This is not the way the speaker’s court should function because the people need to know how their government is functioning, whether constitutionally or otherwise,” he asserted. He maintained that “an unconstitutional government” cannot be allowed to continue in such a sensitive state like Nagaland where dialogue between the government of India and Naga political groups were currently going on.
On Tuesday’s hearing, Yitachu, insisting that the ongoing case was filed regarding July 19 session, said speaker had summoned the 9 MLAs to frame issues for hearing on a matter which did not warrant framing of any issue as no assembly business or voting were held on the said day. Terming it a ‘meaningless case’, Yitachu wondered under what provision was the speaker going to hear those petitions. He alleged that all these were being done as a goal only to delay the process and allow this unconstitutional government to prolong.
NPF CEC member Povotso Lohe and president Mon division L Yalong Konyak also spoke on the occasion.
Mention may be made here that Zeliang had on Aug. 4 last filed a composite disqualification petition against the 10 MLAs for having violated the whip he issued on July 18, for July 19 session, by being absent at the sitting of the House. He also filed a second similar petition on August 7 against the same MLAs for having acted contrary to the direction he issued as the party whip on July 19 during the sitting of the House on July 21.