It is indeed surprising to find that Shri T.R Zeliang through the CMO have been repeatedly making press release over the disqualification petition made before the Hon’ble Speaker’s Court which otherwise should not be publicized in the public domain quoting various rules.
It has become necessary to clarify certain points under the members of the Nagaland legislative Assembly (Disqualification on the ground of defection) Rule 2003.
Under Rule2 Talks about duties of a Legislature Party leader for the purpose of Para 3 and Para 4 of the 10th Scheduled of the constitution of India
Para 3 Talks about defection on ground of a split and what the Leader of the Legislature Party of the Splinter group should do,
However, Para 3 of the 10th Schedule of the Constitution of India was omitted by Constitution (
Ninety First Amendment) Act 2003. So this Para is no more applicable
Para 4 Talks about disqualification on ground of defection not to apply in case of merger and Rule 2 of the members of the Nagaland legislative Assembly (Disqualification on ground of Defection) Rule 2003 Talks about the duties of the leader of the Legislature Party in case of a merger under Para 4 of the Constitution of India.
Therefore, in very simple words, Shri T.R Zeliang and group have not merged with any party and as such, the duties of the leader of the Legislature Party as required under Rule 2 does not apply to him.
With the sole intention to confuse the elected members and the general public by resorting to claim them as NPF Party is undemocratic and unconstitutional. Intra party activities cannot be taken to the floor of the Assembly or the Governor’s office. However, all these unlawful activities are carried out to run an unconstitutional government. Sooner or later, the truth shall be established, however, the damage that has cost the image and the intellect of the people of the state would be irreparable. The Election Commission of India declaring that the Votes by Congress rebels- Raghavji Patel and Bhola Gohil- in favour of BJP was invalid since the two had shown their ballot paper to a person other than the party’s polling agent” is a clear case of political party supremacy.
Para 2(1) (b) of the 10th Schedule.
Under which T.R Zeliang has petitioned for disqualification of the 10 MLAs supporting Dr. Shurhozelie. The constitutional provision is very clear and enough Supreme Court ruling has affirmed that Whip shall be issued only by a Political party. The Constitution is the principle Act and hence the Assembly Rules cannot over ride the Principle Act.
Issued by
Media & Press Bureau
NPF Central, Kohima
