EMN
DIMAPUR, SEPTEMBER 27
REACTING the press statement issued by a ‘section of people’ that appeared in all the local dailies on the issue of disqualification of three NCP MLAs and subsequent court rulings, Nagaland Assembly secretary AE Lotha said the statement was aimed at casting aspersion on Nagaland Legislative Assembly Speaker.
Giving the chronology of events leading to disqualification of three NCP MLAs by the Speaker on June 16 and subsequent two court rulings, one by Kohima bench and another by Principal Bench of Gauhati High Court, Lotha in a press communiqué today said nowhere in the two judgments, the High Court mentioned constitutional impropriety as was alleged that “the learned judges have again reiterated that justice would prevail despite the arbitrary and unconstitutional act of Shri Chotisuh Sazo, the Speaker of Nagaland Legislative Assembly.”.
Lotha said the statement was aimed at defaming the Speaker and the constitutional post he holds while describing it as malicious and deplorable.
The NLA secretary said on receipt of merger claim by the three NCP MLAs, the Speaker conducted an enquiry and after being fully satisfied that their claim was invalid he disqualified them with effect from June 16.
Following this, the three disqualified MLAs filed a writ petition in the Kohima Bench of Gauhati High Court which heard the case on September 12.
After hearing the learned counsel appearing for the respective parties at length, the Judge in his order dated 12th September stated that “This court after hearing the learned counsel for the parties and without expressing any opinion on the merit of the case is of the considered opinion that the petitioners have made out a case calling for interim. Accordingly, the impugned order dated 25/8/2014 passed by respondent No. 1 shall remain suspended till 28/10/2014.
The respondents shall file their respective counter affidavit within a period of 2 (two) weeks from today. Thereafter, the petitioners are given liberty to file reply to the said counter affidavit within a period of 2(two) weeks thereafter,” the release stated.
Consequent upon this judgment, counter affidavit was filed in Gauhati High Court which was listed for hearing on September 24. The Chief Justice (Acting) K. Sreedhar Rao and Justice AK Goswami stated in the judgment that “the counsel appearing for all parties submitted that these matters being of public importance, the same be heard and decided by the Division Bench at Principal Seat.”
In view of the submissions, the writ petitions and miscellaneous cases connected with the writ petitions were withdrawn from the Kohima Bench for hearing and disposal by Division Bench at Principal Seat of Gauhati High Court.
