Guwahati, March 9: The defection of two Nationalist Democratic Movement (NDM) legislators to the Nagaland People’s Front (NPF) even before taking oath as members of the new Assembly has sparked a constitutional crisis in the state.
The duo, Kihoto Hollohon and Kipili Sangtam, broke away from the party to make the Neiphiu Rio-led NPF the single largest party in the Assembly with 21 seats.
Of the questions being raised by the defections, the most important one is whether two MLAs from a party can merge with another before they are sworn in as members of the Assembly and the Speaker recognises the split.
Such a crisis is, however, not new to the Northeast. Neighbouring Manipur had faced a similar problem just after the elections in 2000. A legal battle followed as the anti-defection law is silent on such cases.
Legal experts argued that the two NDM members could only be considered as “MLAs-elect” after the returning officers issue the Election Commission’s certificate. An “MLA-elect” becomes an MLA only after he or she takes the oath under Article 188 of the Constitution and form 7(B) of the Third Schedule.
An MLA-elect also needs to sign a declaration on form three (rule four) while taking oath in the Assembly, stating the name of the party on whose nomination he has won the election. Hollohon’s breakaway group cannot merge with the NPF until a new Speaker is elected. The split has to be recognised by the Speaker.
With NDM president K.L. Chishi announcing the expulsion of the two from his party, the fate of Hollohon and Sangtam’s political status remains uncertain. If the NDM or even the Congress decide to move the Speaker against the defection, the duo is bound to face the tribunal of anti-defection law. But, they can escape from being declared as “unattached” or face expulsion from House, if the new Speaker is from Rio’s party, sources said.
With NDM president K.L. Chishi announcing the expulsion of the two from his party, the fate of Hollohon and Sangtam’s political status remains uncertain.