As reported on July 24, the Naga People’s Front (NPF) has taken to court the 37 NPF legislators, including the NLA Speaker on the issue of its MLAs defying the party’s chief whip during the July 21 floor test in the Assembly.
The matter was placed before Gauhati High Court, Kohima bench on Monday by the petitioners NPF president, Dr. Shürhozelie Liezietsu & anrs (petitioner No. 1) Vs NLA Speaker, Dr. Imtiwapang Aier (respondent no. 2) & 36 others.
The petitioner raised the issue as to whether, as per the Tenth Schedule of the Constitution, it is the political party which issues directions through any person or authority authorised by it as Chief Whip/Whip or whether party legislators can themselves appoint the Chief Whip/Whip for issuing directions.
In this regard, the petitioner pointed out that on July 21, the NLA Speaker while ignoring the Whip appointed by the original party, accepted the T.R. Zeliang as the whip of the NPF legislature party.
While moving the case, the petitioners counsel also prayed for injuncting the Nagaland chief minister, from issuing any further appointment to public office.
The counsels for the respondents however sought more time, stating that it required extensive hearing before deciding anything on the issue raised by the petitioners.
After hearing the counsels of both the petitioners and the respondents, the court was of the considered view that notice should be issued to all the respondents.
In this regard, the court has decided to give the ruling on the matter on July 31, 2017.
On Sunday, interacting with media persons, former NLA Speaker Chotisuh Sazo pointed out that as per Tenth Schedule Para 2, 1b of the constitution– it mentions that a political party has to give direction to its legislators whether to vote in favour of or against or to abstain. This direction is issued by the Whip appointed by the party for its legislature.
He therefore stated that the present Speaker was obligated to clarify the matter since NPF was a registered party and its constitution accepted by the ECI.
Sazo went on to explain that as per the NPF constitution Article Chapter 5 and Section 10, the party president authorises promulgation of ordinance to all members including the legislature.