NEPS
Kohima, September 9
In a significant move, a senior Supreme Court (SC) lawyer termed as “unconstitutional” the Nagaland Assembly Speaker’s decision on disqualifying 3 NCP MLAs on August 25 last. Satya Pal Jain, senior advocate of the SC and ex-MP, who appeared on behalf of the disqualified 3 NCP MLAs, Imtilemba Sangtam, Dr TM Lotha and Mmhonlumo Kikon, here at Kohima Bench of the Gauhati High Court today, challenged the disqualification order issued by Nagaland Assembly Speaker Chotisuh Sazo on August 25 last.
“The Constitution of India says that two-thirds of the elected members of a political party can merge with another political party and the decision of the three NCP MLAs of Nagaland to merge with BJP in Nagaland was within the permissible provisions of the Constitution of India,” Jain told NEPS after coming out of the Court here today. “Therefore, the Nagaland Assembly Speaker’s disqualification order issued on August 25 on the three MLAs (Imtilemba Sangtam, Dr TM Lotha and Mmhonlumo Kikon) was unconstitutional.”
Mention may be made that three NCP MLAs, Imtilemba Sangtam, Dr TM Lotha and Mmhonlumo Kikon out of the total 4 NCP MLAs in Nagaland had formally merged with the BJP in Nagaland on June 16, 2014 and had claimed to have fulfilled all the laid down provisions under the Tenth Schedule of the Anti-Defection Law of the Constitution of India.
However, Nagaland Assembly Speaker Chotisuh Sazo in his disqualification order said prior to giving his decision, he had examined all the provisions under Anti-Defection Law then only issued the order for disqualification of the three MLAs, as per the powers empowered on him.
However, the Court could not give judgment today as the counsels for the respondents sought permission from the Court for few days to reply to the points submitted by advocate Jain. Therefore the next hearing has been fixed on September 11, 2014.
Asked whether the judgment would come in favor of his clients, Jain expressed “optimism” saying that since the action of the Nagaland Assembly Speaker with regard to the disqualification of the three MLAs was “unconstitutional,” he was confident that the Court would uphold the Constitution of India and quash the “disqualification order.”
Host of BJP leaders including National general secretary Tapir Gao were among others who were present in today’s Court hearing here today.
