RIVAL GROUPS SHARPEN INTERPRETATION OVER GOVERNOR’S ROLE
Nagaland’s dubious game of throne, first enacted in Kaziranga during May 2014; second in Sovima and Kohima during January-February 2015; third in Kaziranga during January-February 2017 and the fourth, again in Kaziranga during the second week of July 2017 is all set to come to an end, if a vote of confidence is held or not on the floor of the house on or before July 15 as per the directive of Governor P.B. Acharya.
All 43 MLAs (36 NPF and 7 Independents) who have been camping in Kaziranga’s Borgos Resort have started leaving for Dimapur and Kohima on July 12 evening. They plan to also meet with the Governor, who is scheduled to return to Kohima on July 13.
The issue of the Governor directing the chief minister Dr.Shürhozelie Liezietsü to face the floor test was deliberated upon by the council of ministers on July 11 at the residence office of the chief minister.
The cabinet had maintained it is in majority and that the Governor could only act with the aid and advice of the cabinet. The cabinet cited forthcoming presidential poll as well as by election, to differ on holding assembly session at the present juncture.
According to political observers, the battle will be fought on the constitutional legality of the claims of both sides. It remains to be seen what motion would be adopted if the house is summoned: (a) a confidence motion on Dr. Shürhozelie ministry or a No-confidence motion.
Resignations: Three ministers including three advisors to CM and 21 parliamentary secretaries have submitted their resignations on July 12.
The legislators include ministers– Y. Paton, G. Kaito Aye; advisors—Naiba Konyak, Nuklutoshi, S.I. Jamir, parliamentary secretaries– Dr. Benjongliba Aier, Kejong Chang, Imtikumzuk, Dr. Longriniken, S. Hukavi Zhimomi, S. Chuba Longkumer, Khumo Khiam, E. Eshak Konyak, Y.M. Yollow, Phukayi Sumi, B.S. Nganlang, Er. Picto Shohe, Er. Levi Rengma, Toyang Chang, EE Pangteang, Tovihoto, Vikho-o Yhoshu, Amenba Yaden, Shetoyi, C. Apok Jamir, and Deo Nukhu.
MLAs attack CM, Cabinet
Meanwhile, Zhaleio Rio and Tokheho Yepthomi, MLAs in separate statements have slammed the manner in which chief minister Dr. Shürhozelie Liezietsü attempted to justify decision not to have floor tests.
Taking on the stand of the cabinet that the present crisis was an internal matter of the party, Zhaleo said the chief minister had skirted the question posed by the Governor not whether the present crisis was in internal matter of the party but whether he commanded majority in the house and to prove that on the floor of the house on or before July 15.
Further Zhaleo maintained that in constitutional practise, the leader of the legislature who commands majority has the right to seek intervention of the Governor to compel the minority chief minister to face the floor test.
He reiterated that any meeting of the party legislature cannot be official or unofficial once signatures of majority of members were attested. Zhaleo said T.R. Zeliang has the support of 36 MLAs after Noke and later Vikho-o Yhoshu sent their support in writing to Zeliang.
He went on to point out that prior to legislature party meeting on July 4, a total of 44 NPF MLAs including ten who present support Dr. Shürhozelie were together. On this basis, he said once he was reduced to minority with only ten MLAs, Dr Shürhozelie should have gracefully resigned instead of sticking on to the chair. Since the matter has gone to the Governor, the issue is no longer an internal matter of NPF as it has pervaded into constitutional, parliamentary law , conventions and traditions.
He also said the Governor was duty-bound to ask the chief minister to prove his majority on the floor of the house and not to ignore the claim of T.R. Zeliang who has majority support of 43 MLAs in a house of 59.
He also said rulings in the Bommai, Rameshwar Prasad or Nabam Rebia cases by the Supreme Court did not warrant any minority chief minister to pass time for six months without the intervention of the Governor.
Zhaleo also maintained that a minority chief minister cannot cite the judgment of the apex court in Nabam Rebia’s case which reminded governors that house sessions could only be called with the aid and advise of the chief ministers. He said a minority chief minister with only 11 MLAs out of 59 cannot cite such instance as Article 163 of the constitution clearly mentioned that the council of ministers which has majority commands the confidence of the house.
Zhaleo reiterated that the Governor had not summoned the assembly in his letter but only advised Dr.Shürhozelie to prove his majority on the floor of the house on or before July 15, since he had received signatures of 43 MLAs against him (CM).
Zhaleo pointed out that if the chief minister refuses to hold a floor test by July 15 then, he would try to shore up support through manipulation and horse trading . Therefore, if the chief minister refused to face a floor test then it would be the prerogative of the Governor to sack him after issuing the deadline.
He also dismissed as “bogey” the plea of Dr. Shürhozelie of by election as a plea against floor test since the Goa case indicate that polls or no polls, the functioning of the legislature cannot be hindered.
Zhaleo also noted that the chief secretary (who is also cabinet secretary) recorded party matters as cabinet minutes as he was oblivious of his high constitutional and statutory obligations towards the state. He said all 42 MLAs under T.R. Zeliang condemn the cabinet exercise to browbeat the Governor’s directive but added that the “disaster of dismissal” at the end of July 15 working day “cannot be obviated by this obstinate cabinet”.
Tokheho: Taking at dig at the state chief minister, Dr. Shürhozelie Liezietsu, the former minister and incumbent MLA, Tokheho Yepthomi, on Wednesday said the chief minister, who had repeatedly claimed he was not an ambitious man, has contradicted his statement.
In a press release, Tokheho said that Dr. Shürhozelie on several occasions had stated that he accepted the office of chief minister only for a period of two to three months. However, Tokheho said Dr. Shürhozelie has now directly contradicted that very statement by making his son Khriehu Liezietsu vacate assembly seat in order to allow him to file his nomination and contest the election so he could cling to the chair of the chief minister.
Tokheho said that chief minister’s refusal to summon the assembly to prove his majority on the floor of the house was itself proof that he was “an imposter chief minister of the state” who did not command the support of the majority of the members of the 12th NLA. This, Tokheho said was another yet again another glaring example of Dr. Shürhozelie’s lies and deceit and his ambition as a “power monger.”
Tokheho said Dr. Shürhozelie claimed that the present crisis was an internal matter of the NPF party and therefore the governor had no business to intervene in the matter of the party.
In this regard, Tokheho asked why and under what authority has he sacked four cabinet ministers and 10 parliamentary secretaries who have taken the oath of office under the constitution of India which is very much a legally constituted governmental activity and not the internal matter of a political party?
Tokeho further stated that if this was indeed an internal party then it was surprising that Dr. Shürhozelie had dismissed the appointment of independent MLAs as parliamentary secretaries who were definitely not members of the NPF party.
Further, Tokheho asked if the Model Code of Conduct was in place, why has the chief minister issued several official notification allocating office chambers at the civil secretariat and official residences of ministers and parliamentary secretaries to others.
On the issue of summon assembly, the former minister said the governor of Nagaland has a special responsibility unlike any other states to run the affairs of the state and at the same time safeguard the constitution of India.
Tokheho said Dr. Shürhozelie had absolutely no jurisdiction and his council of ministers have perhaps been misguided since the Nabam Rabia case was different from the current issue, saying in this case the governor has not summoned the assembly but has advised that the chief minister should prove his majority in the house as TR Zeliang has claimed the support of the majority of the members and that he should fix a date on or before July 15, 2017.
According to Tokheho, this was very much within the parameters of the duties and functions of a governor of a state enshrined in the constitution of India.
On the issue of a meeting of NPF legislature party, Tokheho said a meeting can be summoned only by the leader of the NPF legislature party and nobody else, not even the chief minister if he has not been elected by the members as the leader of the legislature party.
Therefore, he said that it was within the ambit of the constitutional provision that Zeliang, the leader of the legislature party, had summoned meeting of the NPF legislature party on July 4, 2017 and thereafter.
Tokheho stated that Zeliang never ceased to be leader of NPF legislature party ever since he was elected in 2014 and even as recent as June 2017, 44 MLAs of the NPF had individually reaffirmed their support to the leadership of TR Zeliang as the leader of the legislature party.
Further, Tokheho said that all those MLAs who were in support of Zeliang and his leadership in forming a new DAN government have already submitted their individual resignation letters to the chief minister on July 9, 2017.
According to Tokheho, the chief minister was trying to earn public sympathy by compelling the governor to dismiss him and his government by not agreeing to a floor test.
However, Tokheho said that MLAs under the leadership of Zeliang were calmly and alertly observing Dr. Shürhozelie’s “power mongering attitude” which would cease in the next few days.