SHRI CHELIE KEVICHUSA Vs. HOKISE SEMA AND OTHERS

JUDGEMENT

(1.) The writ petitioner, Shri Chelie Kevichusa, wording President-cum-General Secretary of Nagaland National Democratic Party seeks a writ of quo warranto and/or mandamus commanding the 1st respondent, Hokise Sema, Chief Minister, Nagaland to demit and vacate the office of the Chief Minister and also to vacate his seat of Nagaland Legislative Assembly for violation of the mandatory provisions of Articles 164(3), 188, 190(4) and 193 of the Constitution.

(2.) This writ petition was to be moved on 17.7.87 when the learned Advocate General, Nagaland prayed for and was allowed time till 28.7.87. An Affidavit-in-opposition was filed on 27.7.87. Hence the petition is heard as agreed by the parties.

(3.) The facts are simple. The Ist. respondent, Hokise Sema then member of Rajya Sabha, was appointed Chief Minister of Nagaland on 29.10.86 and he functioned as such. By notification dated 24th Feb., 1987 in exercise of the powers conferred by clause (1) of Art. 174 of the Constitution of India the Governor of Nagaland summoned the Twelfth Session of the Fifth Nagaland Legislative Assembly to meet at 9.30 AM on Monday, the 9th March, 1987. The session was held. The Governor of Nagaland prorogued the said Twelfth Session of the Fifth Nagaland Legislative Assembly on 23rd March, 1987. Meanwhile the Dimapur-I Legislative Assembly Constituency having fallen vacant, a bye-election to the Constituency in the State of Nagaland was held on 23rd April, 1987. Both the petitioner and the 1st respondent contested. By notification dated 27th April, 1987 in pursuance of section 67 of the Representation of the People Act, 1951, it was notified that the Returning Officer of the Dimapur-1 Assembly Constituency in the State of Nagaland, on 24th day of April, 1987 declared that the 1st respondent was elected by the said Constituency in the bye-election held on 23rd day of April, 1987 to be a Member of the Nagaland Legislative Assembly. On 4th May, 1987 the 1st respondent resigned his seat in the Rajya Sabha. By notification dated 15th June, 1987 the Governor of Naga land summoned the Thirteenth Session of the Fifth Nagaland Legislative Assembly to meet at 9.30 AM on Saturday, the 11th July, 1987. On 23rd June, 1987 the first respondent cast his vote in the bye-election to Rajya Sabha as a member of the Nagaland Legislative Assembly. On 27th June, 1987 the first respondent sent a letter to the Secretary, Nagaland Legislative Assembly expressing his desire to take oath as member of the Assembly on 11th July, 1987. Accordingly he made and subscribed oath before the Honourable Speaker of the Nagaland Legislative Assembly on 11th July, 1987, as required under Art. 188 of the Constitution of India, in the form prescribed in the Third Schedule. The first respondent is still continuing as Chief Minister of Nagaland. Hence this petition.