Principal Correspondent
Kohima, September 12
The Kohima Bench of Gauhati High Court (GHC) today granted interim stay order against the disqualification of the three MLAs of Nagaland Legislative Assembly (NLA).
GHC sources said that the Court took up the hearing of interim prayer filed by the three disqualified MLAs – Imtilemba Sangtam, Dr TM Lotha and Mmhonlumo Kikon this morning and subsequently passed interim order.
The disqualified MLAs on Tuesday moved to the court with the Interim Prayer pleading for quashing and setting aside the Speaker’s disqualification order passed on August 25.
The Court has asked the lawyers representing the respondents, that is, Assembly Speaker and Secretary to file counter affidavit within two weeks period.
The final hearing on the issue has been fixed for October 28, sources said.During this period of suspension of the disqualification order, the three of them will continue to be sitting MLAs, sources added.
Meanwhile, talking to this correspondent over phone, NLA Speaker Chotisuh Sazo, who is in Delhi for some official engagements, refrained from commenting stating that he had not gone through the official order.
He, however, said the Court can issue stay order but it does not imply that the Speaker’s decision has been quashed because as per the 10th Schedule of the Constitution Speaker’s decision is final on such issues. He also maintained that the State Government Advocates are being engaged to defend the Speaker’s decision.
Further, sources revealed that being the first of its kind hearing in the High Court of the State, besides the leaders and party workers of the NCP and BJP, some of the NPF and Congress leaders also witnessed today’s court proceedings.
Mention may be made here that NLA Speaker Chotisuh Sazo disqualified the former NCP MLAs for declaring merger with BJP without fulfilling the provisions of the Tenth Schedule of the Anti-Defection Law of the Constitution on August 25.
The three MLAs, out of the four NCP MLAs in Nagaland, had declared merger with the Nagaland Unit of BJP on June 16 claiming to have fulfilled all the laid down provisions under the Anti-Defection Law of the Constitution.
