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Nagaland

Noke group creating confusion, says Yitachu

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By EMN Updated: Jan 19, 2015 12:36 am
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EMN
DIMAPUR, JANUARY 18

The NPF led by Dr Shurhozelie Liezietsu has reacted to the various statements of the NPF (Noke group) that called TR Zeliang’s government as a minority one. The Shurhozelie group terms the claims of the rival group as hollow, unjustified, undemocratic and unconstitutional.
In a statement issued by its spokesperson Yitachu, the NPF Shurhozelie group recalled that the “the NPF dissidents” camping at Sovima have been repeatedly demanding the resignation of T.R. Zeliang saying that he is running a minority government, and has lost his right to continue in office. “They had even asked the State’s bureaucracy not to act on the orders of the minority government. These are very serious issues, and they have also created a great deal of confusion in the minds of the general public,” the statement alleged.
“Let us first understand that there are two kinds of majority in the democratic process of formation of the government, and its continued survival or removal. After a general election to the assembly, the Chief Minister of the old House is bound to tender his resignation, whether his party wins or loses the election. In such a situation, the party or alliance of parties commanding a majority in the House elect the leader of their parliamentary party, who will stake his claim before the Governor for formation of the Government. Here, the election of the leader is done through a majority of the legislators of that party or alliance of parties. This is the first kind of majority we are talking about,” the statement explained.
However, after the elected leader of the party commanding a majority in the House is sworn in as the Chief Minister, he only needs to enjoy the majority of the House, and not the majority the parliamentary party that elects him in the first place, it added. “Therefore, a distinction has to be made between the majority of the parliamentary party, (on the basis of which the Chief Minister is chosen, and sworn into office), and the majority of the House, (on the basis of which, his continuation in office legitimised). Unless the Chief Minister resigns from the post, no person or authority can take away the chair from him, except through a no confidence motion in the House, which will need to have the support of the majority of the House,” the statement of Yitachu also said.
It said all the official supports extended to the government by group of MLAs or independent MLAs either during the formation of the government, or thereafter, are in the official records of the Assembly Secretariat, which is also sent to the Raj Bhawan for records. If any group or individual MLAs want to withdraw their support to the government, they can do so by sending a formal letter of withdrawal of support to the Speaker, with a copy to Raj Bhawan. Mere public utterances or press statements are not enough to change the official and legal position. That is why, we say that even as of today, the correct legal position is that T.R. Zeliang’s DAN led government has the support of 52 MLAs in a House of 60.
“Now, let us see that would happen if the 22 NPF MLAs in the dissident camp convey in writing their withdrawal of support to the Speaker and the Governor. Even then, the Governor cannot legally ask him to step down or sack him. He can at best ask the Chief Minister to move a motion of confidence on his own government in the State Assembly,” said Yitachu. Alternatively, a no confidence motion can be moved against his government by any group of MLAs, supported by not less than 10 in numbers. Only if he loses the confidence of the House through either of such motions, then can he be removed from office, he further explained. “That is why we say that once the Chief Minister is in office, he needs to enjoy the confidence of the House, and not necessarily that of the majority of the parliamentary party that elected him to the office of Chief Minister. It may be added here that in such confidence or no confidence motions, the ruling party will invariably issue a whip on all the NPF MLAs, and whosoever had officially withdrawn their support to the Chief Minister, or moved no confidence motion against him, or vote in the House against the party whip, will, in all certainty, be disqualified from the membership of the House as per the provisions of the 10thSchedule of the Constitution,” Yitachu further explained.
“It is often said that public memory is short. This time, for our two Hon’ble MPs and the dissident group being led by them, their memory appears to be selectively short. Therefore, let me remind them some significant events during the first DAN Ministry led by Rio,” Yitachu stated.
According to Yitachu, soon after the downsizing of the Ministry was affected by him, in the year 2004, a dissident group of NPF MLAs under the leadership of Z.Obed demanded change of leadership, saying they had a majority with 18 MLAs on their side, as against 13 MLAs on the side of Rio. However, at that time, Rio rightly did not bow down to the demand of the dissident group. Now, in a similar situation, he demands that T.R. Zeliang steps down, simply because 22 NPF MLAs are camping in his house, and that they constitute the majority of NPF MLAs, he added. “Why is he demanding that a different yardstick be applied in the present case?” asked Yitachu. “Fortunately for him, the party president, who is no other than the present party president, Dr. Shurhozelie , had rightly defended him, as he is doing to me now. And the dissident group did not go too far, unlike the present dissident group, who are now resorting to undemocratic and unfair means,” claimed Yitachu.
Citing a case of the Central government that had happened years ago, Yitachu recalled that on the nuclear deal issue with the US, the CPM had officially withdrawn their support to the UPA I Government under Dr. Manmohan Singh in the year 2008. Even as per official records of the Lok Sabha, the UPA I Government at that time had the official support of only 226 MPs in the Lok Sabha, having 543 MPs, and it appears to be clearly in a minority. Then Dr. Manmohan Singh moved a motion of confidence in his government, and won the vote of confidence of the House, and continued to be Prime Minister till the end of the tenure of the 14th Lok Sabha, Yitachu added.
“In view of the above facts, the claims made by the NPF dissident group are hollow, unjustified, undemocratic and unconstitutional,” he stated.

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By EMN Updated: Jan 19, 2015 12:36:52 am