Date:05/01/2008 URL: http://www.thehindu.com/2008/01/05/stories/2008010561721400.htm
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Defections, resignations plagued govt: Governor

Vinay Kumar


Ensure fair administration: Centre

Constitutional breakdown of the State machinery


NEW DELHI: A day after Nagaland was brought under President’s Rule, the Union Home Ministry said Governor K. Sankaranarayanan’s reports indicated that for the past few months the political situation in the State was in a flux and it climaxed in the Assembly last month.

On December 13, a no-confidence motion was taken up and the voting pattern showed that the government lost the majority support. The votes cast by nine legislators were not counted and three were not allowed to vote by the Speaker, the Governor’s reports said.

Not counting votes or disallowing voting was against the constitutional provisions.

These facts amounted to a constitutional breakdown of the State machinery, and the government could not be run in accordance with the statutory provisions. Under these circumstances, there was no option except invoking Article 356(1) and recommending President’s Rule, the reports said.

The Home Ministry said it asked the Governor and the administration to take all steps for providing a fair and impartial administration and governance.

A new Assembly must be elected and constituted before March 19.

“No other option”

Sushanta Talukdar reports from Guwahati:

In a radio broadcast from Kohima, Mr. Sankaranarayanan said there was no option except invoking Article 356 to be fair to both parties — the Neiphiu Rio-led Democratic Alliance of Nagaland (DAN) and the Congress-led National Progressive Alliance (NPA) — and to give the people a chance to elect a government according to their wishes.

He said though the Speaker ruled that the no-confidence motion against the DAN government was defeated by 23 votes to 19, the fact remained that the government was reduced to a minority of only 23 MLAs in a House with an effective strength of 55. Thirtyone members were not supporting it. Nor was the NPA, with 22 members, in a position to provide a stable government.

The Governor said: “A series of defections and resignations really plagued the government. If a government is continuously trying to placate its MLAs by giving them ministerial berths and other portfolios, then it is clear that the MLAs who are together forming the government are bound not by ideology and principles but by a mere lure of office. Such manipulations and machinations by elected members will never allow a government to focus on development and administration.” On May 30, 2007, 22 MLAs from the DAN informed him in writing that they had withdrawn support to the Rio Government and staked claim to form government under the leadership of Z Obed. However, the very next day, 10 MLAs among them informed him that their signatures must be verified as they had signed a petition in 2004 and now they reaffirmed their support to Mr. Rio’s leadership. Amidst this confusion, Huska Sumi accused the ruling DAN of indulging in horse-trading and misuse of funds. Mr. Obed accused the DAN of getting the withdrawal of signatures of 10 MLAs under duress.

“Thus it became very clear that no stable Ministry can be formed from the present Assembly, which has as many as 13 vacant seats and has seen a series of defections and resignations. A government should run on the principles enshrined in the Constitution and any attempt to manipulate a majority by interpreting the Constitutional law arbitrarily amounts to making a mockery of the Constitution itself. Moreover, the Assembly has just 2-3 more months of life left. Any government, if formed from the present legislature, will only result in unprincipled defections and is not likely to provide stable governance. This will be a very dangerous situation in any State, more so in Nagaland which has special security needs.

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