SC setback for Nagaland MLAs

NEW DELHI: The Supreme Court on Friday dismissed a petition seeking quashing of Nagaland assembly speaker’s decision to disqualify nine members of the Nagaland People’s Front who had voted against the ruling Democratic Alliance of Nagaland (DAN) government led by Neiphu Rio.

The apex court also dismissed a petition of three independent members of the House who were debarred from taking part in the no-confidence motion against the BJP backed government in the state.

A bench comprising Chief Justice KG Balakrishnan and Justice RV Raveendran dismissed two separate but identical petitions challenging speaker’s decision paving the way for survival of the Rio government in the state. “We are not inclined to entertain the petitions,” court said.

The court said that the House is now under suspended animation and in view of the impending elections in the state, the petitions has now become infractuous.Senior Counsel Abhishek Singhvi appearing for the petitioners said that it was the gross abuse of the constitutional provisions.“It will set a wrong precedent for the survival of the democratic principles” said Singhvi seeking quashing of Speaker’s order.

The petition said, “The action of the speaker of not counting the votes of the petitioners cast during no-confidence motion in the Nagaland legislative assembly on December 13, 2007, is illegal and unconstitutional as per the disqualification by the speaker of the petitioners is bad in law”.“As per the provisions in the Tenth Schedule or the Members of Nagaland Legislative Assembly (Disqualification on Ground of Defection) Rules, 2003, there is no provision which allows the Speaker to restrict or curtail in any way whatsoever the manner in which members of the Nagaland Legislative Assembly may cast their votes” petitioners had said.

Therefore the speaker’s decision of not counting their votes in no-confidence motion was illegal, malafide, and ultra-vires of the constitutional provisions and state assembly Rules 2003, it had said.