EMN
Dimapur, January 8
In view of the January 5 suspension order purported to have been issued by NPF president Dr. Shürozolie Liezetsu creating some confusion in the minds of the people, the NPF Legislature Party headed by G Kaito Aye has issued a clarification so as to clear the misgivings of this order to the people of Nagaland. The clarification has been issued after proper deliberation at a meeting of the NPF Legislature Party on Thursday. The clarification issued by Imkong L Imchen, spokesman, NPF Legislature Party, maintained that the NPF party constitution does not authorize the president to issue any order suspending any party member. “The sole and exclusive power to take any disciplinary action including imposing a penalty of suspension rest with the Disciplinary Action Committee (DAC) of the party consisting of its Chairman and six other members elected by the central office of the party,” it stated.
Pointing out that till date, the DAC has not either taken any decision in this regard nor has it authorized the party president to issue any suspension order, the statement said a suspension order can be issued by the DAC only after holding a full-fledged disciplinary proceeding beginning with issue of show cause notice, giving sufficient time to the charged members to give reply thereof and thereafter to hold a trial to determine the truthfulness of the charge vis-à-vis the reply of the charged member by a fair independent trial, none of which has yet been done.
The issue of a notice on January 6 asking the members to show cause as to why they should not be suspended confirms this position that issue of the January 5 suspension order even before issue of the notice on January 6 is on the face of it illegal and against the NPF party constitution, the NPF Legislature Party said.
Explaining that the issue at hand concerns the question as to who should be the chief minister of the state of Nagaland, it said under the Constitution of India the leader of the majority party having the requisite number of MLAs has to be invited to form the ministry by the Governor.
In the instant case the 22 NPF MLAs excluding the Speaker (who is neutral) out of a total of 38 NPF MLAs have unanimously elected G Kaito Aye as the NPF Legislative Party leader and also commanding the support of overwhelming majority of the DAN legislators, the statement said. It further pointed out that as the NPF president cannot suspend or disqualify any MLA either belonging to NPF or any other party, hence for the purpose of deciding the majority support on the floor of the Assembly, this purported suspension order of NPF membership (not membership of the Nagaland state legislature) is not sustainable and therefore stands absolutely inconsequential and irrelevant.
It also stated that G Kaito Aye has appointed KuzholuzoNienu as the chief whip of the NPF Legislature Party in the Nagaland Legislative Assembly with immediate effect which was accorded approval by the 22 legislators of the NPF and consequently the appointment and continuance of the erstwhile chief whip Kiyanelie stands cancelled with immediate effect. The appointment of KuzholuzoNienu as the new chief whip of the NPF Legislature Party was accordingly communicated to office of the Governor and to the Speaker of the Nagaland Legislative Assembly, the statement added.
It further stated that the letter of staking claim by G Kaito Aye for appointment as the chief minister of the State as the leader of the DAN Legislature Party commanding the overwhelming majority has already been submitted before the Governor for his consideration.
The NPF Legislature Party said therefore the NPF views the continuance of TR Zeliang as Chief Minister inspite of his losing majority support as breach of the Constitution of India.
