On the eve of February 5 floor test in the assembly, the order issued by Election Commission of India (ECI) on February 4 has generated much speculations and intense discussions. In separate statements, NPF (Noke) and NPF (Central) have made claims and counter-claims over the order.
The ECI order addressed to CEO Nagaland and with copies to Noke Wangnao and Dr. Shürhozelie is being reproduced in text form below.
Text format of the ECI order.
ORDER
Dated: 4th February, 2015
Sub: Dispute case No. 1 of 2015- Application under para 15 of the Election Symbols (Reservation & Allotment) Order, 1968, in the matter of Naga People’s Front, a recognised State Party in the States of Nagaland and Manipur– Sh. Nuzota Swuro and Sh. Noke Wangnao Vs. Dr. Shürhozelie Liezietsu.
1. Naga People’s Front is a recognized State Party in the States of Nagaland and Manipur, A case of dispute in the party has been raised before the commission under paragraph 15 of the Symbols Order with two rival groups claiming to be the original party. The commission has issued notice to the two groups to file reply/written statement to the application/communication filed by the rival group, latest by 16-02-15.
2. The Commission has received two applications– one dated 24-01-15 by Sh. Nuzota Swuro and the second dated 31-01-15 signed by Sh. Noke Wangnao, seeking the following interim directions:-
(i) That the Commission may pass an interim order directing status quo as regards the Members allowed to vote for election of the leader of Legislature Party as on the morning of 05-01-15.
(ii) That Sh. Wangnao may act as the NPF President w.e.f. 12-01-15.
(iii) That Dr. Shürhozelie be prohibited from issuing any order/notices as NPF President.
(iv) That Sh. Kuzholuzo who has been appointed as the Chief Whip of the NPF by Sh. Wangnao alone should be allowed to carry out the functions of Chief Whip of the party.
3. The Commission has considered the matter. The Commission is seized of the dispute in the Party and the Commission has already initiated the process of enquiry in the matter. The parties to the dispute have been given time upto 16-02.15 to submit their respective written submissions and supporting documents. Therefore, no interim direction recognising either of the parties as the NPF under the Symbols Order or any person as its President can be given at this stage. The matter of recognising any person as the Chief Whip of the party is not covered under the provision of the Symbols Order for the Commission to issue any instructions in this regard. Therefore, interim directions on these issues as sought in the applications referred to above can not be given. However, it is informed that till the time the dispute case is decided by the Commission, the Commission will not take cognizance of any disciplinary action against any member of the Party by either of parties to the dispute.
By order,
Varinder Kumar,
Secretary, Election Commission of India
ECI derecognised Dr. Shürho as president: NPF (Noke)
Dimapur, Feb 4 (NPN): NPF(Noke) through its press and media cell, has welcomed the order of the Election Commission of India issued on February 4 over the Commission’s response to a petition filed by its leaders Noke Wangnao and Nuzota Swuro on recognising the group as NPF and allotment of NPF symbol. The press and media cell cited a line of the ECI’s order that “no interim direction recognising either of the parties as NPF under the symbols order or any person as its president can be given at this stage”.
Further, it also cited a sentence “ that till the time of the dispute case is decided by the Commission, the Commission will not take any cognisance of any disciplinary action against any member of the party by either of the parties to the dispute”.
The cell, claimed that the order meant that “the Election Commission of India no longer recognises Dr. Shürhozelie as the president of the NPF” and that it also meant that “all orders of suspension and expulsion issued by the former president have been nullified” by the ECI and that “no orders can be passed by him until the dispute is resolves” by the ECI. It also maintained that ECI in its letter on January 27, “de-recognised Dr. Shürhozelie as president” when it merely addressed the letter to Dr. Shürhozelie c/o Naga People’s Front, P.O.Box No.565,Kohima-797001 “ and not as NPF president”.
The press and media cell further said “the writing is clearly on the wall” and the “NPF is no longer the private property of Dr.Shurhozelie as he has been removed by the overwhelming majority of the NPF legislators and the party organisation.”
It said the “last nail on his coffin has been hammered” by the ECI “who has de-recognised him in black and white”. The cell also maintained that the “cock symbol and the legitimate NPF party will ultimately belong to the NPF under the mandated and democratic leadership of Noke Wangnao” and it was only a matter of time that “Dr. Shürhozelie’s days are no longer numbered, it is over for him.”
ECI order maintains status quo: NPF (Central)
Secretary general NPF (Central Kohima) K.G. Kenye maintained that the ECI order issued on February 4, 2015 stated that they (ECI) were “not in a position to issue any interim direction” to recognise either of the parties as the NPF “under the symbols order or any person as president at this stage” while the case was under dispute. He said the matter of recognising any person as chief whip of the party was not within the domain of the commission to issue such instruction.
He said the ECI had informed that till the case was under dispute, it will not “take cognisance of any disciplinary action against any member of the party, taken by either of the parties to the dispute.”
For the information of all, Kenye has clarified the points contained in the ECI’s order: (i) ECI refused to pass any interim order as applied by Noke Wangnao for recognition of NPF (Noke) as the original NPF and for Noke to be declared as NPF presidenet and Kuzholuzo Neinu as chief whip of the party;
(ii) That the issue of chief whip lay beyond the domain of ECI and not covered under Para 15 of the election symbols (reservation and allotment) order 1968; (iii) That recognising any of the parties as NPF cannot be given at this stage and hence no interim order or injunction is issued on the matter; (iv) That ECI will not take cognisance of any disciplinary action against any member of the party taken either of the parties to the dispute.
Kenye clarified the following “factual and legal position as it stands today” in the light of the ECI order:-
(i) In view of the ECI’s refusal to pass any interim order as sought for by Noke- led NPF, he said the legal position was that “the status quo is maintained” with regard to the NPF party and which meant that “Dr.Shurhozelie and his team” continue to remain at the helm of affairs in the “official NPF”. (ii) That Dr. Shürhozelie “is the official president of the NPF party as already recognised by the ECI earlier as per the official records of the ECI”. He said I was clear for the facts the ECI has refused to issue any interim order/direction for recognising Noke Wangnao as NPF president as demanded. (iii) Further, he said the ECI order would not “in any manner, interfere with the application of party whip within the house by any recognised party already recognised and entered in the official records of ECI” as the Commission, in its order had “clearly stated that recognition or non-recognition of chief whip of a party” was outside its domain and not covered under Para 15 of the election symbols (reservation and allotment) order 1968. (iv) Kenye also stated, that non-cognisance by ECI of any disciplinary action taken by either of the parties to the dispute “does not include statutory and constitutional processes for disqualification of MLAs on the ground of defection under the 10th Schedule.
He concluded, that accordingly, the official party president/whip “are not circumscribed from initiating disqualification proceedings against errant MLAs under the 10th Schedule”.
