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.
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.
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
(Bendangtoshi Longchar), Working President
This Press Release was sent by CMO Mediacell, who can be contacted at cmomediacell(at)gmail(dot)com.