The Law is Mightier Than The Pen
Kohima: 18th August, 2017
TR Zeliang seems to have got his priorities wrong when he said that the voice of the majority always prevails because the majority of legislators matters inside the Assembly, but not in the political party they belong to. More so when the legislators themselves have either been expelled or suspended from the political party from which they got themselves elected. And it is a crying shame that these discarded legislators are still clinging desperately and wistfully to their memory that is the NPF!
It is true that majority of the MLAs have made him the Chief Minister. But the pertinent issue at hand is whether the process followed to become the Chief Minister was legal or not.
Paragraph 2 (1) (b) of the Tenth Schedule of the Constitution of India states that “a member of a House belonging to any political party shall be disqualified for being a member of the House if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or any person or authority authorized by it in this behalf…”
This makes it abundantly clear that it is the political party, and not the Legislature Party, which appoints the Whip which is the person or authority authorized by the political party to issue directions regarding voting in the House.
In the instant case, the Whip appointed by the Naga People’s Front is Kiyanilie Peseyie who was appointed at the Chief Whip of the NPF on November 14, 2014 and notified by the Assembly Secretariat on November 15, 2014. His appointment has not been cancelled/ rescinded till date. It was this very Whip which saved TR Zeliang in the early part of 2015 when the Sovima campers mustered majority MLAs and rebelled against his leadership.
Bare perusal of Paragraph 2 (1) (b) of the Tenth Schedule makes it amply clear that there is no power vested with the Legislature Party of any political party to appoint a Whip, apart from and independent of the Political Party.
TR Zeliang seems to have been unreasonably buoyed by the fact that some expelled party functionaries have joined his bandwagon. Unreasonable, because these functionaries have no say whatever, regarding the cohesion and integrity of the NPF party. Rotten potatoes are best discarded, and these potatoes may not do any good to anyone wherever they go.
TR Zeliang got his facts right when he said it is not in the power of any individual to alter the Constitution of the NPF. And it is sure to tickle him pink when he is informed that the 8th Amendment of the Constitution of the NPF was approved by the Central Executive Council on January 29, 2016 in furtherance to the decision of the General Conference of the party on November 26, 2014 to “streamline and achieve an efficient working system” of the Central Office. He could become nostalgic, nay, almighty sentimental when reminded that it was this same Constitution which saved him from being toppled from his Chair as recent as 2015!
The NPF absolutely agrees with him when he said the rank and file of the NPF party should uphold the true spirit of the party because everyone is confident that the Election Commission of India would soon restore the party properties to the rightful party as desired by the majority of the party functionaries like it did in 2015.
The law, after all, is mightier than sheer wishful thinking!
Issued by
Media & Press Bureau,
Naga People’s Front, Central Headquarters
Kohima: Nagaland
* This Press Release was sent to e-pao.net by Naga People's Front who can be contacted at npfpressbureau(AT)rediffmail(DOT)com
This Press Release was posted on August 19 2017
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