VITACHU MLA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Presidential proclamation dated 3-1-2008 under Article 356 (1) of the constitution of India imposing President's Rule and keeping the Assembly under suspension in the State of nagaland has been put to challenge in the present writ petition. Intricate questions in un-chartered fields, notwithstanding the pronouncement of the Apex Court in rameshwar Prasad v. Union of India ( (2006)2 SCC 1) : (AIR 2006 SC 980) and S. R. Bommai v. Union of India (1994) 3 SCC 10 : (AIR 1994 SC 1918), have arisen for our consideration in the present case. Before we proceed to make the required determination the relevant facts and circumstances giving rise to the Presidential notification will be required to be noticed by us.

(2.) ON 26-2-2003 elections were held to the 60 member Nagaland Legislative Assembly. On 6-3-2003 the Democratic Alliance of Nagaland (DAN) formed a coalition government with Sri. Neiphiu Rio as the Chief minister. The alliance had the support of 43 members - 32 from the Nagaland Peoples front (NPF), 5 from the Bharatia Janata party (BJP), 2 from Janata Dal (United) (JD (U)) and 4 independents. The remaining 17 seats in the Assembly were filled up by members of the Congress Party.

(3.) ON 21-7-2003 the Nagaland Assembly (Disqualification on Ground of Defection)Rules 2003 were framed by the Speaker in exercise of powers under paragraph 8 of the tenth Schedule. The Rules, as framed, were laid before the House and took effect from 18-3-2006. In exercise of the power under rule 19 of the aforesaid Rules a direction was issued by the Speaker on 21-8-2006, details of which will be noticed later on.