NPF whip - the plain truth

Dimapur, 19th October, 2017

Following the State Elections in the year 2013, the 12th Nagaland Legislative Assembly, consisting of 60 Members, was constituted with the main political parties - Nagaland Peoples Front with 48 seats, Bharatiya Janta Party with 4 seats along with 8 Independent Members. Neiphiu Rio who was appointed as Chief Minister of the Government of Nagaland resigned in May 2014 in order to contest the Parliamentary Elections after which TR Zeliang took over as Chief Minister.

In February 2017, TR Zeliang resigned as Chief Minister and Members of the Democratic Alliance of Nagaland (DAN) elected Dr. SL, who was President of the NPF and Chairman of DAN but not a Member of the Legislative Assembly then, to head the Government. On his assuming Office as Chief Minister, Dr. SL resigned as Chairman of DAN but retained his position as President of NPF, TR Zeliang being elected as Chairman of DAN.

At a Meeting of DAN, which included some Independent Members, held on 4.7.2017, the following Resolutions were passed:
(1)Resolution for reaffirmation and continuance of TR Zeliang as Chairman, Democratic Alliance of Nagaland.
(2)Request to Dr. SL, the Chief Minister of Nagaland to pave way for TR Zeliang to stake claim to form a new DAN Government in Nagaland.
(3)Empowerment of TR Zeliang to stake claim to form a new DAN Government in Nagaland.

On the same day- 4.7.2017, at a Meeting of the NPF Legislature Party summoned by TR Zeliang as Leader of the NPF Legislature Party which was attended by 34 MLAs, it was unanimously resolved as follows:
(1)Resolution for amendment of Resolution Dated, 20.2.2017.
(2)Resolution for reaffirmation and continuance of TR Zeliang, as Leader of NPF Legislature Party.
(3)Request to Dr. SL, the Chief Minister of Nagaland, to resign and pave way for TR Zeliang, the Leader of the NPF Legislature Party to stake claim to form a new DAN Government in Nagaland in accordance with established Parliamentary conventions.
(4)Empowerment of TR Zeliang to stake claim/s to form a new DAN Government in Nagaland.

It was also resolved that:
(5) Appointment of Whip of NPF- In order to strengthen cohesion amongst the majority of the NPF MLAs, TR Zeliang, Leader of the NPF Legislature Party be appointed as the person authorized to issue directions to the NPF MLAs (Whip) for all activities on the floor of the Nagaland Legislative Assembly, under paragraph 2(1) (b) of the Tenth Schedule of the Constitution of India.

On the Speaker being duly informed by letter Dated, 14.7.2017 a Notification was issued on 19.7.2017 by the Nagaland Legislative Assembly Secretariat that the NPF Legislature Party had informed the Speaker on the appointment of TR Zeliang as Whip of NPF w.e.f 4.7.2017. On receipt of the Resolutions mentioned above, the Governor wrote to the then Chief Minister Dr. SL on 11.7.2017 to obtain Vote of Confidence on or before 15.7.2017, a copy of which was forwarded to the Speaker, Nagaland Legislative Assembly for necessary action regarding convening of a Session of the Legislative Assembly on or before 15.7.2017.

On receipt of this letter Dr. SL filed Writ Petition (Civil) 124 (K) of 2017 before the Kohima Bench of the Gauhati High Court challenging the directive of the Governor, and by an interim order Dated, 14.7.2017, the directive of the Governor (that Dr. SL should obtain a Vote of Confidence on or before 15.7.2017) was stayed. On 17.7.2017, TR Zeliang filed an appearance in Writ Petition (Civil) No. 124 (K) of 2017, and represented his case through Counsel. After hearing all parties on 18.7.2017, the Single Judge dismissed Dr. SL’s Writ Petition. A Writ Appeal filed against this dismissal of the Writ Petition was also rejected on 19.7.2017 by a Division Bench of the Gauhati High Court.

On receiving intimation that the Writ Petition had been dismissed by the High Court the Governor of Nagaland requested the Speaker on 18.7.2017 to call an emergent special Session of the Nagaland Legislative Assembly on 19.7.2017 to test the majority support of the then Cabinet headed by Chief Minister Dr. SL.

On 19.7.2017 — the date notified by the Speaker for holding the Assembly Session to test the majority support of the Cabinet headed by the then Chief Minister Dr. SL, neither Dr. SL nor any member of his Council of Ministers were present though the rest of the MLAs (members of DAN) were present. No voting took place on 19.7.2017 and the Speaker adjourned the House sine die and reported the matter to the Governor.

On receiving intimation that the Speaker of the Legislative Assembly of Nagaland had been constrained to adjourn the Assembly Session called on 19.7.2017 (where neither Dr. SL nor any Member of his Council of Ministers were present), the Governor of Nagaland by a communication Dated, 19.7.2017 dismissed Dr. SL and his Ministry based on Clause (1) of Article 164 of the Constitution of India. By another Order (also Dated, 19.7.2017), the Governor appointed TR Zeliang as Chief Minister of Nagaland by virtue of powers vested in him under Clause (1) of Article 164 of the Constitution of India. The order also directed TR Zeliang to prove his majority on the floor of the House on or before 22.7.2017.

Pursuant to the Resolution of the NPF Legislature Party passed on 4.7.2017 appointing TR Zeliang as the person authorised to issue directions to NPF MLAs (Whip) for all activities on the Floor of the House of the Nagaland Legislative Assembly under Paragraph 2(1) (b) of the Tenth Schedule of the Constitution of India, TR Zeliang issued a direction (Whip) to all MLAs on 19.7.2017 in regard to the 18th Session of the 12th Nagaland Legislative Assembly held from 9.30 am on 21.7.2017.

On 21.7.2017 at the 18th (Emergent) Session of the Nagaland Legislative Assembly called (pursuant to the order of the Governor Dated, 19.7.2017) the Motion of Confidence moved by TR Zeliang as Chief Minister was put to vote and adopted whereby 47 voted in favour and 11 voted against. This is duly recorded in the Bulletin Part-I (No.1) Dated, 21.7.2017 of the Nagaland Legislative Assembly (18th Emergent Session of Twelfth Assembly).

On 25.7.2017, a Writ Petition No. 138K of 2017 was filed by Dr. SL along with Kiyanilie Peseyie against the Speaker as well as against the MLAs who had voted for TR Zeliang at the Meeting of the Assembly Session held on 21.7.2017 alleging that this was in defiance of a Whip issued two and a half years ago through letter Dated, 14.11.2014 by Kiyanilie Peseyie as Chief Whip of the Legislature Party of NPF. Notice was issued to the Respondents in this Writ Petition and the same is pending adjudication.

On 7.8.2017, a Petition was filed before the Speaker of the Legislative Assembly by Kiyanilie Peseyie claiming to be Chief Whip of the Legislature party. The ‘directions’ stated to be issued by the Petitioner, Kiyanilie Peseyie, were the directions purportedly issued through letter Dated, 14.11.2014, an intimation which was acknowledged by the Nagaland Legislative Assembly Secretariat in Notification Dated, 15.11.2014 which stated that Dr.SL, President NPF had appointed Late Kiyanilie Peseyie as the Chief Whip of the Naga Peoples’ Front Legislature Party w.e.f. 14.11.2014.

The continued validity of these directions had been canvassed for in Writ Petition 138 (K) of 2017. The prayer in the Petition to the Speaker was to declare the Respondents as disqualified from the membership of the Nagaland Legislative Assembly, under Paragraph 2(1) (b) of the Tenth Schedule of the Constitution of India.

In view of the conflicting cross-directions issued by

1.Kiyanilie Peseyie claiming to be Chief Whip of the NPF through letter Dated, 14.11.2014; which had been notified on 15.11.2014 by the Nagaland Legislative Assembly Notification with effect from 14.11.2014;

2.TR Zeliang appointed as 'Whip' by NPF Legislature party on 4.7.2017, which had been acknowledged and Notified on 19.7.2017 by the Nagaland Legislative Assembly Secretariat with effect from 4.7.2017;

It is pertinent to understand whether in terms of Paragraph 2(b) of the Tenth Schedule, the claims made in the Petition filed by Kiyanilie Peseyie is a legitimate and valid claim.

THE FOLLOWING POINTS ARE BEING PUT FORWARD FOR PUBLIC KNOWLEDGE:

(1)The two Notifications of the Nagaland Legislative Assembly Secretariat-the one Dated, 15.11.2014 and the other Notification Dated, 19.17.2017 make it clear as to the period of operation of the directions under each Notification. Notification Dated, 15.11.2014 of the Nagaland Legislative Assembly Secretariat, Kohima, stated and recognized that Dr. SL, President of the NPF appointed Kiyanilie Peseyie as the Chief Whip of the NPF Legislature Party w.e.f. 14.11.2014 and its operation remained effective until Nagaland Legislative Assembly Secretariat issued Notification Dated, 19.7.2017 wherein it acknowledged that the NPF Legislative Party had informed the Speaker of the appointment of TR Zeliang, Leader NPF Legislative Party as Whip of the NPF Legislative Party w.e.f. 4.7.2017.

(2)The period of operation of the direction contained in the first Notification of 15.11.2014 stood superseded by the Notification of 19.7.2017, which recognized TR Zeliang, Leader of NPF Legislature Party as Whip of the NPF Legislature Party with effect from 4.7.2017.

(3)As to the matter of abstention from voting at the Meeting of the Assembly on 19.7.2017 to test the majority support of the Cabinet headed by the then Chief Minister Dr. SL; and matter regarding the votes recorded at the Meeting of the Assembly on 21.7.2017, the only operative Whip on both these dates was that of TR Zeliang, Leader NPF Legislature Party and Whip NPF Legislature Party and not that of Kiyanilie Peseyie.

(4)It is an acknowledgement of the position that the operative Whip on both these dates was that of TR Zeliang and not that of Kiyanilie Peseyie, the clear reason being that the Writ Petition was filed on 25.7.2017 by Dr. SL and Kiyanilie Peseyie.

(5) The vote of the 37 NPF Legislature Party MLAs in favor of TR Zeliang strictly conforms to the Whip issued by TR Zeliang on 19.7.2017 and consequently there has been no incurring of any disqualification under Paragraph 2(b) of the Tenth Schedule of the Constitution.

(6)It is self-evident and unquestionable that a subsequent appointment of any person to any position impliedly overrides and revokes any prior appointment. Consequently, the alleged prior appointment of Kiyanilie Peseyie as Chief Whip of the party with effect from 14.11.2014 recognized by the Secretariat of the Legislative Assembly and notified on 15.11.2014 stood superseded by the Notification of the Secretariat of the Legislative Assembly Dated, 19.7.2017 with effect from 4.7.2017

And lastly, since the recognition by the Speaker in regard to the appointment of TR Zeliang as Leader of the NPF Legislature Party and as Whip of the NPF remains valid and continuing and was never quashed or set aside by any Court of Law, it is for the general public to decide on whether it is ignorance or hypocrisy that is driving Dr. SL and his men to make false claims as Leader/Chief Whip of the NPF Legislature Party and/or to claim of invoking the provisions of Paragraph 2(b) of the Tenth Schedule. The bare plain truth is for all to know and understand.

Issued in public interest by:
Media Cell, CMO Nagaland
19.10.2017