High Court stays floor test

The High Court issued the stay on a writ petition filed by Dr. Shürhozelie Liezietsü on July 14, in which he argued that the Governor’s decision in asking him to conduct a floor test was “ex facie unconstitutional, illegal, arbitrary and violative of the basic features of the constitution.”

According to communiqué from Media Cell of the CMO, the petitioner stated that by asking him (CM) to conduct a floor test when by-election process was underway in which he was also a candidate, the Governor has virtually sought “to strangulate the will of the council of ministers” since there was no such recommendation. The Petitioner said the Governor, on his “own volition chose to impose the impugned decision upon the Petitioner, without any legal foundation and against constitutional norms.”

The Petitioner stated that the Governor hastily proceeded to reject his request not to pre-empt the already scheduled by-election on July 29 and that the Governor in his July 13 letter did not provide any opportunity to him (CM) and his council of ministers. 

Further, the Petitioner pointed out that Rules and Procedures and Conduct of Business under Nagaland Legislative Assembly was framed as under Article 208 of the constitution of India, wherein Rule 3 prescribes that when a session is called at short notice, each member is issued notice separately but the announcement of the date and place of the session is published in the Gazette and made in the press and members informed by telegram. He said till date, there was no notification nor any publication in the Gazette convening the house as directed in the Governor’s letters dated July 11 and July 13, 2017 respectively.

After hearing the learned Counsel for the Petitioner, the Court said it was of the “tentative opinion” that an interim was called for and therefore, stayed the Governor’s letter till Monday July 17, when the matter will come up for hearing. 

Later, the chief minister Dr. Shürhozelie Liezietsü and his council of ministers called on the Governor P.B. Acharya after the latter arrived Kohima by chopper from Dimapur in the afternoon.

In the meeting, chairman of DAN Kuzholuzo Azo Neinu reiterated to the Governor, that DAN coalition was intact and that the present crisis was only within NPF party. 

He also cited the Governor’s actions during two crisis in NPF where different yardsticks were applied. Azo reminded Governor that in the 2015 NPF crisis, he along with majority of MLAs who supported Kaito Aye to replace T.R. Zeliang, paraded before him thrice to be invited to form the government. 

In 2015, he said the Governor , advised NPF dissidents to resolve the issue within themselves as it was an internal affair of the NPF. In the present crisis, he wondered how the Governor deemed it differently and not as an internal crisis within NPF. 

Again on the issue of floor test, Kuzholuzo reminded Governor that in 2015 he had given the minority T.R. Zeliang ministry one month time; whereas in the present crisis, chief minister Dr. Shürhozelie has been given only three days time for the floor test.

The present crisis within NPF is likely to be accentuated by constitutional arguments in the court in the coming days said Kuzholuzo to Nagaland Post. The new DAN Chairman has also made a strong appeal to those holed up in a luxury hotel in the Capital, to respond to the reconciliation in the interest of the party and the public of Nagaland.

 According to government sources, chief minister Dr. Shürhozelie has taken a stand against corruption and the recent order terminating the services of controversial M.K.R. Pillai, consultant to DGP was a point. The cabinet also has asked details of raids by Income Tax sleuths on various premises of Pillai including other business activities. 

In addition, the cabinet had ordered speedy probe, arrest and prosecution of those involved in various anomalies and irregularities in the Public Distribution System (PDS) under Food & Civil Supplies Department, fuel adulteration racket and food repacking scam exposed by ACAUT.