Representation submitted to the Governor of Nagaland by the Naga People’s Front Central, Youth Wing, on July 14, 2017

Kohima, 14th July, 2017

Representation submitted to the Governor of Nagaland by the Naga People’s Front Central, Youth Wing, on July 14, 2017

Sir,

At the outset, we wish to appreciate the concern and goodwill you have been showing to the Naga people and the people of the Northeast ever since you took over the gubernatorial post. Your numerous efforts to bring the Northeast into the national mainstream, and also to familiarise the people from the mainland with the Northeasterners and their ways of life, are greatly appreciated because no Governor in the past had ever attempted to do these things.

As you are aware, the Naga People’s Front is currently going through a political disturbance with dissident MLAs led by former Chief Minister staking claim to form the Government. In this connection, we would like to bring a few pertinent points to your kind attention:

1. The Hon’ble Supreme Court had laid down that a Governor cannot have the freedom to determine when and in which situation can he take a decision at his own discretion without the aid and advice of the Chief Minister and his Council of Ministers. The Constitution Bench of the Supreme Court, which unanimously quashed Arunachal Pradesh Governor J.P. Rajkhowa’s order to advance the Assembly session without the aid and advice of the Council of Ministers, described the happenings in Arunachal Pradesh leading to State emergency in 2015-16 as a “thrashing given to the Constitution and a spanking to governance.”

2. The apex Court had also ruled that the Governor can summon or dissolve the Assembly for the purpose of floor test or no-confidence motion only when he is convinced the Council of Ministers has lost the confidence of the House.

Representation submitted to the Governor of Nagaland by the Naga People’s Front Central, Youth Wing, on July 14, 2017

3. What needs to be considered in the instant case is if the Democratic Alliance of Nagaland coalition has lost confidence of the House. In this regard, it may be pointed out that there is no withdrawal of support from the coalition which means that the present Council of Ministers still enjoys the confidence of the House.

4. You are aware that Mr TR Zeliang has staked claim to form the Government stating that he has the support of the majority of the legislators. This group of legislators is primarily comprised of NPF legislators, which makes it evident that the issue is essentially between the NPF legislators with the Chief Minister and NPF legislators with Mr TR Zeliang. Therefore, the issue is purely an internal matter of the NPF party. (You may like to recall that in a similar case in 2015, the Election Commission of India directed the rival NPF legislators to reconcile.)

5. Considering the above facts where the present Council of Ministers continues to enjoy the confidence of the House and the tussle for leadership purely an intra-party matter of the NPF, it is highly irregular that the esteemed office of the Governor should interfere in the internal matters of a political party. Therefore, we would humbly urge your good office to act only on the aid and advice of the Council of Ministers.

6. As you are aware, there has been a genuine move to facilitate amicable reconciliation within the NPF party with the Party deciding to revoke the suspension of party legislators and the MP Lok Sabha. And when there is this such genuine attempts to resolve the differences within the party, it will not be proper on your part to create any stumbling block or to put a wedge between the groups in the party which could result in irreparable damage to the reconciliation moves.

N. Vihoshe Swu
President

Longchar Bendangtoshi
Working President