Kohima: Nagaland BJP on Friday said the verdict delivered by Gauhati High Court, Principal Seat with regards to the disquali-fication of the three BJP MLAs by the speaker of Nagaland Legislative Assembly(NLA) on Aug-ust 25, was a victory for the people.
In a release, the BJP media cell said that the order of the Gauhati High Court received on Wednesday clearly stated that the writ petitions filed by Semdok and NLA speaker was ignored and the case has been disposed of without any condition.
According to the order received, the judgment quoting paragraph 1 and 2 of the tenth schedule states that there should be a valid merger according to the party constitution and elected members of the house endorsing that merger even they are less than 2/3rd majority and join other political party, they would be saved from disqualification and those who do not agree to the merger would be treated as a separate group.
In the case of valid merger, the legislators endorsing merger are less than 2/3rd majority joining the other party, However, when 2/3rd members of legislators endorse the merger, it is impossible for the speaker to make an enquiry since the deeming provisions in para 4 (2) declares and makes it conclusive proof of fact of merger of original political party.
The Gauhati High Court Chief Justice stated that this merger should be under-stood in the context of the provisions of paragraph 2 only and if argument of the counsel for the speaker and others were accepted, the very purpose of the deeming provisions of para 4 (2) would be neglected. (UNI)
