In the light of the NPF (Kaito group) asking chief minister T.R. Zeliang to quit office as he was running a “minority government” and having lost moral authority to remain in office and also asking the state bureaucracy not to “act on orders of the minority government”, spokesperson of NPF Kohima and parliamentary secretary Yitachu has placed “the actual position under the laws of the land”.
Giving an analysis of the issue on hand, Yitachu said there are two kinds of majority in the democratic process of government formation and its continued survival or removal.
In the first kind of majority, he said the leader is elected through majority of legislators of the party or alliance parties to stake claim before the Governor for formation of the government.
Yitachu pointed out that the elected leader of the party commanding majority in the house is then sworn-in as chief minister and needs to enjoy majority of the house “and not majority of the parliamentary party” which elected him in the first place.
The spokesperson pointed out the distinction between “majority of the parliamentary party” (on the basis of which the chief minister is chosen and sworn into office) and “the majority of the house” (on the basis of which his continuation in office is legitimised).
Therefore, unless the chief minister resigns from the post, no person or authority could take away the chair from him, except through a “no-confidence motion in the House” where it required the majority vote of the house.
Further, Yitachu pointed out that official support extended to the government by a group of MLAs or Independent MLAs, either during formation of the government or thereafter, “are in the official records of the assembly secretariat, which is also sent to the Raj Bhavan for records”.
On the basis of this, he said the “correct legal position” was that T.R.Zeliang’s DAN government “has the support of 52 MLAs in a House of 60” and that “mere public utterances or press statements, are not enough to change the official and legal position”. In a scenario where “the 22 NPF MLAs in the dissident camp convey in writing, their withdrawal of support to the Speaker and the Governor” Yitachu said the Governor could “at best” ask the chief minister to move a motion of confidence on his own government, on the floor of the house.
On the other hand, he said a no confidence motion against the government by any group of MLAs has to be supported by not less than ten (10) members.
Yitachu said, a chief minister can be removed only after losing the confidence of the house in either such motions and subsequently removed from office.
Therefore, Yitachu pointed out, that once a chief minister is in office, he needs to enjoy the confidence of the house and “not necessarily of the majority of the parliamentary party that elected him to the post of chief minister”.
In such confidence or no-confidence motions, the ruling party invariably issues a whip on the NPF MLAs and whosoever official withdraws support to the chief minister or moves a no confidence motion against him or vote against the party whip in the house, will “in all certainty, be disqualified from the membership of the house, as per the provisions of the 10th Schedule of the constitution”.
Hitting back at the two MPs and the “dissident group led by them” Yitachu reminded that during the DAN-I under Rio, dissidence after downsizing in 2004, reduced Rio with only 13 MLAs whereas the dissidents led by Z. Obed had 18 MLAs. However, Yitachu said Rio “did not rightly bow down to the demand”. In a present situation, he said simply because 22 NPF MLAs were camping in Rio’s house, claiming majority, “why is he demanding that a different yardstick be applied?”.Yitachu pointed out that in 2004 party president Dr. Shürhozelie rightly defended Rio as he was doing now with T.R. Zeliang.
Yitachu also said the dissidents then, did not go too far, unlike the present dissident group, “who are resorting to undemocratic and unfair means”.
Yitachu also cited the case of the Congress led UPA-I in 2008 when Prime Minister Dr. Manmohan Singh’s coalition of 226 MPs was in minority but won the confidence motion in the Lok Sabha, when the CPM withdrew support and Dr. Manmohan Singh continued as the Prime Minister.
In view of the above, Yitachu said that the “claims made by the NPF dissident group, is hollow, unjustified, undemocratic and unconstitutional”.
Thursday, February 19, 2026