Our Correspondent
Kohima | December 14
Leader of the Nagaland Progressive Alliance, I Imkong along with the 31 MLAs who voted against the DAN Government today met Governor K. Sankaranarayanan at Raj Bhavan and submitted a representation citing the “unconstitutional, outrageous, arbitrary, malicious and murderous attempt on Democracy” undertaken by the Speaker of the Nagaland Legislative Assembly.
Addressing media persons outside Raj Bhavan this afternoon, Imkong, flanked by other MLAs including AICC Secretary in-charge of Nagaland, Ranji Thomas told media persons that this was the last representation they would be submitting to the Governor. On his part, the Governor has already recommended the case to the Centre and is awaiting the Centre’s directive, Imkong said. The Governor has also admitted that Chief Minister Neiphiu Rio was heading a minority Government, Imkong disclosed.
“The Governor gave us a patient hearing and we have explained the facts to him. The Governor also admitted that Rio is heading a minority Government. He has recommended the case to the Centre and we are now waiting for the Centre’s reply,” Imkong told media persons.
Imkong further pressed for immediate dismissal “with retrospective effect” of the Rio ministry and said that the Speaker should resign for violating constitutional norms. Imkong further stated that they would take up their democratic protests in the event the decision was not taken soon enough.
Replying to a query as to how the NPA would form the Government as it had claimed, MLA Hukavi said that their resignations were accepted only after the voting in the No Confidence Motion and after the session. “Once the Government is voted out of power, all decisions are null and void. We have a overwhelming majority. They have no right to decide on anything since they are a minority. We have received the acceptance letters only this morning,” Hukavi said and expressed amazement over the way in which the Speaker has acted.
In the representation submitted to the Governor, the NPA alleged that the Speaker in a “most undignified and unconstitutional manner” disallowed and declared that 3 Independent MLAs cannot participate in the voting of the No Confidence Motion while they were allowed to sit in the House and participate in other proceedings.
They stated that apart from this, the Speaker also “clandestinely, arbitrarily, unethically and in a partisan manner did not count the votes of 9 NPF MLAs who participated and voted in favor of the No Confidence Motion” and charged the Speaker of behaving like an agent of the chief minister and the ruling party.
Stating that the Rules of the Assembly Proceedings allow and entitle any Member of any political party or Independents to take part in voting inside the House as per their conscience, the signatories said that the Speaker cannot flout the Rules and the Constitution of India especially the 10th Schedule in which the procedures and rights of the Members are clearly enshrined regarding voting. If the same is against the whip issued by their political party or any authority concern there is a separate procedure to be adopted subsequent to the result of the voting, the representation stated.
Meanwhile, the acceptance of the resignation of 7 NPF legislators by the Speaker, Keyanilie Peseyie, yesterday night has apparently dampened the morale of the newly formed NPA which had staked claim to form a new government, as they have been reduced to 24 members now, although they still claim to command majority and is demanding for the dismissal of the DAN government. Besides, the fate of two NPF legislators, Tokheho and T. Tali who cross voted in the Thursday no confidence motion is still not known. Except for the 2 JD (U), Huska and Deo Nukhu , three independent legislators, Jongshilemba, Khutovi and P Chuba, who have joined the NPA is also liable for disqualification under the provisions of the anti-defection law if they decides to join any party.
Reacting to the opposition charge that he had acted unconstitutionally Speaker, Keiyanilie, said that he have taken decision according to the provisions of the law and now the ball is in the court of the law. Dr Shurhozelie also asserted that the DAN government will function smoothly and there is no chance of imposing PR.
Besides the NPA led by Imkong, Chief Minister along with his cabinet colleagues also met the Governor and apprised him of yesterday’s proceeding. Speaker, Keyanilie also appraised the Governor on what happened on the floor of the house yesterday.
Meanwhile, constitutional expert point out that the decision of the Speaker on the floor of the house is final and binding, unless he went against the Constitution of India. Even if the Governor was to recommend for President’s Rule it has to be based on a solid ground and it is now the prerogative of the Parliament whether to not to accept the imposition of PR in the State.
