Legal opinion of Soli J. Sorabjee

November 5, 2017 101 Views No Comment

Senior advocate of the Supreme Court and former Attorney General of India, Soli J. Sorabjee has opined that the Nagaland Legislative Assembly Speaker, had no legal competence to confirm the appointment of T.R. Zeliang’s claim of being appointed Chief Whip of the NPF party.

Sorabjee gave his opinion in a written text in response to request from NPF Central spokesperson AchumbemoKikon regarding the matter of appointment of party Whip in the State Assembly.

Also, to the issue of whether tentative formation of new political party by breaking away by NPF dissident MLAs from NPF party subsequent to defiance of present NPF party Chief Whip’s direction during the floor test entitled them for disqualification from the NPF, Sorabjee opined that since the MLAs were members of the NPF, “they are bound to abide by the Constitution of the Party which mandates loyalty and allegiance to the party and not to any individual.”

Sorabjee pointed out that it is the political party and not the legislature party, that appoints the Whip, as the person authorized by the political party to issue directions regarding voting in the house.

He said only NPF party would be the competent to appoint its Whip for issuing directions to its legislators. In this regard, he said all NPF members, including the NPF Legislature Party were bound by the directions issued by KiyaniliePeseyie, the Whip appointed by the party.

He said it was open to the NPF to pass necessary orders to the members of the NPF who are currently legislators, for defiance of directions of the Chief Whip of the party during the no confidence moved by T.R. Zeliang on July 22, 2017. Consequently, he said “the legislators who defied the Chief Whip direction and voted in favour of T.R. Zeliang are liable to be disqualified under Schedule X of the Constitution of India.”

Source: Nagaland Post