EMN
Dimapur, March 16
Dr. Shurhozelie led NPF today said, Noke’s group has no NPF legislators which was proved by the proceedings on the floor test of the Assembly on February 5 in which the party chief whip Keyanilie had issued whip to all the party legislators and that opponents’ confidence of getting cock symbol will be short-lived. “All the 38 NPF legislators and all others including the Opposition INC had voted in favour of the motion reiterating their support to TR Zeliang, Chief Minister of Nagaland as unanimous DAN III leader.”
A statement issued by media cell, NPF Central Office said, “No dissident was recorded against the party whip. Thereby, the entire NPF party dissident members have, on their own volition, given their political soul to the chief minister T.R. Zeliang. The existence of 20 MLAs in the kindergarten school-like hostel in Niathu Resort is only a gathering of mere numerical bodies as MLAs without political soul and political right.”
Reacting to NPF (Noke) group’s spokesperson Imkong L. Imchen’s expression of confidence of getting the “cock” symbol claiming the original NPF party which appeared in the local media, the statement ridiculed him saying, “A drowning man catches at the straw” as the old saying goes. He is making such a desperate attempt to hoodwink the people, especially the doomed Niathu Resort campers/ detainees, but it is wishful thinking which will be known within this month or early part of next month.”
“In the meantime, the public has the right to know the fact of the matter on this dispute. It is a dispute as to which of the two groups has the right to own the NPF Party symbol “Cock “. It had originated from the formation of a dissident group of NPF Party legislature, originally 22 in number, some of whom were deceived to join them to form a new government removing. T.R.Zeliang, the unanimously elected DAN III Chief Minister after the former Chief Minister Rio was elected to the Lok Sabha. This group had a separate meeting on the 12th January 2015 at Naithu Resort and made the following resolutions:
a) Appointing Noke Wangnao as President, replacing Dr. Shurhozelie
b) Withdrawing support to T.R. Zeliang as chief minister and appointed Kaito as their leader
c) Appointing Khuholuzo Neinu as their chief whip in place of Keyanelie
d) Appointing a new set of organisational office bearers
With all these decisions, the dissident group now headed by Noke has gone to the Election Commission of India claiming that they are the original NPF and the rightful owner of the party symbol “Cock” and pray for recognition of their claim.
The original NPF led by Dr. Shurhozelie, in defence of the party legitimacy, is contesting that the petitioners are a splinter dissident group who has no legitimacy to claim the original NPF party symbol (Reservation to allotment Order ) 1968.”
The statement said, the ECI will follow certain clear criteria to decide such claims and counter claims such as which group enjoys the majority support in the organisational level of the party; which group commands majority of the members of legislators of the party legitimately, and whether strict compliance of the party constitutional provisions have been observed in convening meetings/ general conventions and other actions.
“In this context, the facts of the events will prove that Noke group (dissident-petitioners) is clearly on the wrong side.
The legitimacy of Dr. Shurhozelie as President of the NPF original was elected on 26.11.14 at the party General Convention where 5221 active party men from Nagaland, Manipur and Arunachal Pradesh were present and had elected unanimously and Neiphiu Rio as MP had congratulated Dr.Shurhozelie for being elected as President of the party for another term of 5 years.
While Noke Wangnao’s Presidentship was elected on 12. 1.15 by an unconstitutional/ unauthorised meeting of the 430 dissident NPF group. It was not a proper legitimate General convention nor was it well attended by the party representatives.
The numerical superiority of the General Convention on 26.11.14 was definitely incomparable (5221) while the attendance of 12.1.15 was (430).
Moreover the majority claim of the central executive member (CEC) recommending emergency meeting to the President Dr. Shurhozelie on 10.1.15 by Nyamnyie Konyak (dissident) was purported to have been signed by 1/3 members of the CEC members of those (2011-14) term as required by party constitution Art IV (C) (i) (ii) (iii) was found bogus. Only 21 were CEC members of the 217 members in total.
Prima facie, the NPF (Noke’s) group seems to have the support of 20 now. (After 2 have returned to the original group, out of the 38 NPF legislatures). and 18 on Dr. Shurhozelie’s group. But in reality, the Noke’s group has only 11 members because Dr. Shurhozelie has suspended 9 (nine) members by 10.1.15 ( (7 members on 5.1.15 and another 2 members on 10.1.15) while he was still accepted as the undisputed party president even by the dissident group as admitted by their letter written to Election Commission of India.
In terms of S.R. Bommai Vs Union of India (1994) Judgement of the Supreme Court, the display of 20 MLAs and 2 MPs from Nagaland before the Election Commissioner of India has no meaning in determining who commands majority in the party organisation at various level and amongst the party legislators.
In fact, the petitioner’s advocate Rao had protested before the ECI in the course of argument as to why the President issued disqualification notice to the 20 MLAs while they had supported the motion in support of T.R.Zeliang leadership. It was classified by the Dr Shurhozelie’s Advocate that since it was only a slow cause notice, and not a final order. For those who could prove that he had not violated Art XIV (2) of the party Constitution, the president could exercise his authority as per Art V (9) leniently.
Another allegation made by Imkong that Dr Abhishek Singvi, Advocate, had not pleaded for extension of time, but it was Rao, Adviocate of the dissident group, who wanted to avail some more time after the expiry of the time allotted to them.”
According to the statement, the ECI had not allowed the request but directed to submit short resume of their arguments highlighting their points and submit before March 20, before framing their judgment.
“With malice towards none, and in all fairness, the confidence expressed by the spokesperson of Noke’s camp will be short-lived and elusive at the end. The campers are appealed once again that before they take a leap they should think and take right decisions.”
