Gauhati HC dismisses 7 NPF MLAs plea to restrain from  Assembly session

Gauhati HC dismisses 7 NPF MLAs plea to restrain from Assembly session

Dimapur, Feb. 11: The Gauhati High Court on Thursday dismissed the plea to restrict seven Naga People’s Front (NPF) MLAs from attending the Nagaland Legislative Assembly (NLA) during the forthcoming Assembly sessions which begins today, February 12, in Kohima.

MLAs Imkong L Imchen and Chotisuh Sazo had filed a writ petition on behalf of NPF, praying for restraining the seven dissident MLAs— Kejong Chang, EE Pangteang, Eshak Konyak, CL John, BS Nganlang Phom, N Thongwang Konyak and Toyang Chang – from attending the 7th Session of the 13th NLA.

The court ruled that NLA Speaker Sharingain Longkumer “had disposed of the case of the petitioners in time as directed by this Court, therefore, a situation that occurred in the case of Keisham Meghachandra Singh had not occurred in this case. As such the occasion to ask for such drastic order of restraining has not arisen in the first place”.

“Further, the order of the Hon’ble Supreme Court in the case of Keisham Meghachandra Singh was passed in exercise of the power under Article 142 of the Constitution which this Court does not have, therefore, the order of the Hon’ble Supreme Court cannot be a precedent to be followed by this Court.

“Moreover as submitted by Mr. Niloy Dutta, a petition praying for such order in essence is a petition for injunction therefore, unless the petition is clothed with all the ingredients of a petition of such nature it cannot be entertained. The petition herein is devoid of all such ingredients therefore, it cannot be entertained. As such, it is rejected and dismissed,” the court stated.

It went on to add that the write petition will be “listed after a week for all the parties to complete their pleadings”.

The NLA Speaker had on July 14, 2020, dismissed the disqualification petition against the seven NPF MLAs, through an order, stating that “the respondents are not liable to be disqualified under Para 2 (1) (a) of the tenth schedule”; and accordingly disposed off the matter in the presence of both the parties.

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