2 RIVAL WHIPS & LEGISLATURE PARTY LEADERS IN SESSION
Reflecting the current topsy-turvy politics in Nagaland which has been the trend for the better part of 14 years, the 12th Nagaland Legislative Assembly will be witnessing the second floor test which is being preceded by a communication and propaganda war between the majority NPF legislature led by T.R. Zeliang and the minority NPF legislature led by Dr. Shürhozelie Liezietsü. The paper war will culminated at the assembly on July 21 when chief minister T.R. Zeliang seeks a vote of confidence.
Whips: When all 59 legislators gather for the vote of confidence on Friday, they will be subjected to three whips issued by two factions of the NPF and the third from the BJP legislatures.
Kiyanilie Peseyie who remained with the cabinet under the then chief minister Dr. Shürhozelie Liezietsü was appointed by the NPF party as the Legislature Party Whip on November 14, 2014 and officially notified by the Assembly Secretariat on 15, 2014. The Central Executive Council of NPF on July 20 clarified that Kiyanilie Peseyie remains the official Whip as per official procedure.
On the other hand, chief minister T.R. Zeliang has been made both the legislature party leader and also Whip of the dissident majority group at a meeting on July 4,2017.
CMO has reacted by saying that NPF working presidents Huska Sumi and Apong Pongener had pleaded with the Speaker on July 20,2017 that Kiyanilie Peseyie was appointed Whip under the NPF Constitution. However, CMO said the letter was silent on power of the party functionaries inclouding the president of NPF to appoint the Whip.
CMO said a Whip is appointed under paragraph 2(1)of the Tenth Schedule and in accordance with the party constitution. In the absence of any such clarity, CMO maintained that the thumb rule would be the decision of the majority.
The BJP has also issued Whip on its four legislators through Mmhonlumo Kikon, MLA & BJP legislature party whip.
Legislature party leaders: The NPF has now two legislators claiming to be the leaders. Chief Minster T.R. Zeliang as the leader of the largest group having support of 48 members in a house of 59 and recently appointed, Khuzoluzo Azo Neinu who has the support of the 11 MLAs (NPF and Independent).
The Chief Minister’s Office (CMO) through its Media Cell has fired back at the minority NPF group loyal to deposed chief minister Dr. Shürhozelie Liezietsü over the issue of appointment of Azo Neinu as the newly appointed leader of NPF legislature.
CMO extensively cited a letter written by Commissioner & Secretary NLA Benjamin Newmai to Azo Neinu in rejecting Azo’s appointment as NPF legislature party leader. Citing Rule3(1) of the Anti Defection Rules of the NLA, Newmai pointed out that Azo had not met its criteria of being elected by one-half of members of the party.
CMO also said the Commissioner and Secretary NLA pointed out the legal flaw in the election of Dr.Shürhozelie as NPF party leader on February 22,2017 (for being sworn-in as CM).
CMO questioned whether Dr. Shürhozelie had authority to empower Azo to be leader of NPF legislature, when his (party president Dr. Shürhozelie’s) election as NPF party leader on February 22,2017 was being referred for legal opinion?
CMO’s stand: CMO maintained that T.R. Zeliang was the acknowledged leader of NPF legislature party as he was elected by 36 MLA on July 4,2017 as per requirement of Rule 3(1) of the Anti-Defection Rules.
CMO also said 44 NPF MLAs (excluding speaker) including Kiyanilie Peseyie and Kuzholuzo Neinu had independently and separately signed letters of support to T.R. Zeliang as legislature party leader. CMO pointed out that all MLAs had corrected the legal flaw of electing a non-MLA Dr. Shürhozelie as leader of NPF legislature on February 22,2017 through back date on July 4,2017.
CMO also said T.R. Zeliang who was elected as NPF legislature party leader on May 17,2014 had never resigned from the post. CMO said since no other MLA has ever been elected to the same post, T.R. Zeliang remains the legislature party leader with the support of 36 MLAs.
CMO also said at the July 4,2017 meeting the 36 MLAs present had also authorised T.R .Zeliang to function as Whip of the party and which was duly communicated and approved by the Speaker NLA and a notification issued by the NLA on July 19,2017.
In view of the above, CMO warned that if the 10 MLAs who absented themselves on July 19 floor test violate the Whip issued by T.R. Zeliang on July 21,then would face disqualification straightaway by the Speaker on a petition presented by any MLA.