VAMUZO Vs. INION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition relates to Nagaland which is one of the seven States in North Eastern Region of India. Who are Nagas and how they live in their day to day life is beautifully summed up in the following words by an unknown Naga - "Truly, we are a peculiar people. We are all equals. Men and women have an equal status. We have no caste divisions.. We believe in that form of democratic Government which permits the rule not of the majority but of people as a whole. We have no land tax, no wine tax, water tax, Forests, and woodlands belong to the people for their exploitation without paying taxes.. We have no beggars .. And, wonder of wonder, we have no jails. We do not 'arrest' or 'imprison' anybody.. We fear nobody, individually or collectively. We are a healthy people and fear corrupts the health of men .. We talk freely, live freely and often light freely too. We have no inhibitions of any kind wild ? Yes.. But free. There is order in this chaos, law in this freedom. If I were to choose a country, it would be my Nagaland, my fair Nagaland - again and again."

(2.) The issues raised in the writ petition relates to Nagaland Legislative Assembly which was recently dissolved by the President of India under Art. 356 of the Constitution. The Proclamation of the President of India is assailed in the writ petition. It may be necessary to state some facts which are relevant for the determination of issues that have been raised in the instant writ petition.

(3.) In Nov., 1987 Elections were held for Nagaland Assembly for 60 seats. The position of the parties after election was : Indira Congress - 35, Naga National Democratic Party - 13 and Independents - 7. The Indira Congress Party formed the Government. Hokishe Sema was elected as the Chief Minister. In the month of July he was at Japan in connection with the inauguration of India Festival, when he returned to India on Aug. 2 there occurred a "split" in the Chief Minister's ruling party of 34 members as by that date one among his party member died. The split had occurred now in the following circumstances.