Between numbers and legality, the crisis within NPF legislature wing, which had spilled over to Raj Bhavan, the High Court and finally at the Legislative Assembly, ended when numbers prevailed to give chief minister T.R. Zeliang victory by 47-11 on July 21, 2017 but under controversial circumstances. The 47 included–36 NPF, 7 Independent and 4 BJP. The 11 included 10 NPF and 1 Independent. One seat remains vacant.
The house had earlier met on July 19 for a vote of confidence but it did not take place as deposed chief minister Dr.Shürhozelie Liezietsü and eleven loyalists did not turn up.
After chief minister T.R.Zeliang moved the confidence motion, nine out of eleven loyalists of NPF party president Dr.Shürhozelie Liezietsü attacked the manner in which the Speaker recognised appointment of T.R.Zeliang as Chief Whip and issuing a notification. They also raised issues about the legality of the motion moved by Zeliang as he no longer was NPF member after his expulsion on July 19,2017.
In the July 21 session, there were two NPF Whips-Kiyanilie and T.R.Zeliang and two leaders of the House- T.R.Zeliang and Kuzholuzo(Azo)Neinu, while T.R.Zeliang was expelled from NPF.
Spearheading the attack, former Speaker Chotisuh Sazo asked Speaker Dr. Imtiwapang Aier when was NPF Chief Whip Kiyanilie Peseyie removed as the Whip and under what rule?. It may be mentioned that a Whip is only appointed by the party and this is officially notified in the gazette by the Assembly Secretariat. Kiyanilie was officially appointed by the NPF party on November 14,2014 and notified by the NLA on November 15,2014.
Sazo also did not spare the Governor P.B. Acharya whom he accused of violating rules governing conduct of the house under the constitution of India especially summoning the house on Wednesday.
He also said the Governor violated the convention by summoning the house within two days . He explained that as per rules of procedure and conduct of business, no assembly business is ever conducted on a Wednesday as it has always been a non-transaction day for the state assembly as well as Parliament. Also, as per convention, he said at least three days time was given to members for attending the assembly.
He also disclosed even on the day of the session, none from among the 11 MLAs had received any official intimation about the July 21 session summoned by the Governor. He said the “undue haste in summoning the assembly was partisan and unconstitutional.”
Sazo described the dismissal of chief minister Dr. Shürhozlie by the Governor on July 19 on the day of the court verdict, as “unfair, undemocratic, arbitrary and lacking logic” and for which he opposed the motion for confidence moved by chief minister T.R.Zeliang. Also taking part, Yitachu said Zeliang could not move a no confidence motion against his own party chief minister so resorted to all unconstitutional means—“to do indirectly what he could not be done directly”.
Both Vikheho Swu and Kuzholuzo Neinu hammered at the manner in which the Speaker Dr.Imtiwapang notified the appointment of T.R.Zeliang as the NPF Whip and demanded to know which NPF president had recommended the appointment as he(Zeliang) was expelled from the NPF.
Azo in particular demanded that the Speaker “present in black and white” the legal sanction for appointment of T.R.Zeliang as chief whip of NPF before the house took up the confidence motion. Those who also took part against the motion included : C.L John, Thonwang Konyak, R. Tohanba and P. Longon.
While 47 voted in favour of the motion 11 voted against.These included : Kuzholuzo Nienu, Yitachu, Kiyanielie Peseyie, Y. Vikheho Swu, Chotisuh Sazo, P. Longon, C.L. John, R. Tohanba, Thongwang Konyak, Torechu and Independent MLA, Jacob Zhimomi.
As per the Tenth Schedule of the Constitution of India, any member defying the party whip , invites disqualification. In this regard, the whip issued by Kiyanilie Peseyie is considered legally tenable as he was officially appointed as by the party president on November 14,2014 and notified on November 15,2014 by the Assembly Secretariat.
TR Zeliang responds
Responding to the questions raised by the legislators opposed to him, chief minister, T.R Zeliang reminded them that “a minority group cannot run the government.” He further pointed out that nowhere in the NPF party’s Constitution has been mentioned about the procedure of appointing the Chief Whip by the Party by the president.
While making it known that the word “whip” has not been mentioned in the NPF constitution, Zeliang demanded to know under which para, clause was the NPF president authorized to appoint the whip.
Zeliang clarified that he was elected as the NPF legislature party leader on May 17, 2014 and since then no NPF legislator was elected as the legislature party leader even after he resigned as CM on February 19. Zeliang however said that he never resigned as the legislature party leader. On the issue of being expelled from the party, Zeliang said even though he was expelled, he will still continue to be an NPF legislator in the house till the tenure ends.
He further said even though an MLA may be suspended or expelled from the party, he/she can be the chief minister as long as one enjoys the majority support.
Recalling the root cause of the crisis, Zeliang said when ex-MLA Khriehu Liezietsu resigned to pave way for his father to face the bye-election, most of the member and party members reacted sharply since the resignation was done without consulting the party functionaries.
He said on February 20, the party wrongly resolved to make Dr. Shürhozelie as the legislature party leader despite being a non-elected member. Though this was pointed out, Zeliang said Dr. Shürhozelie did not take any corrective measures.
Zeliang justified that “going to Kaziranga was for safety and nothing else, so that the members were not kidnapped.” He alleged that the former CM could have used any force to take back the members who had willingly come.
On the reconciliation, Zeliang said NPF spokesperson, Achumbemo Kikon had called him through his (Zeliang) wife’s cell phone and had asked him to come back. Kikon informed that Dr. Shürhozelie was ready to resign and hand over the CM’s chair to him but with a condition that the other 12 members in support of Neiphiu Rio should not be included, he said. Zeliang said he rejected the offer since it was not appropriate to reconcile with conditions.
The next day, Zeliang said Dr. Shürhozelie called Neiphiu Rio and offered him to take over as the CM. “Such were the games played by Dr. Shürhozelie,” he said
Further, Zeliang appealed to the 11 legislators, in support of Dr. Shürhozelie, not to ignore the Whip issued by him in order to avoid facing disqualification.
Zeliang said all of them were NPF legislators and that he was their leader and as well as the leader of BJP and Independent MLAs in the opposition-less government.
Meanwhile, after completing the day’s business, NLA Speaker adjourned the house sine-die.