July 27, 2017

Page 1

Nagaland Post www.nagalandpost.com

Vol XXVII No. 231

DIMAPUR, thursday, july 27, 2017 Pages 12 ` 4.00

LS Speaker warns MPs against using cell phones

It’s for BCCI to decide on women’s IPL: Mithali

Iran will respond to any new US sanctions: Rouhani

national, Page 7

sports, Page 11

international, Page 9

SC deals blow to Parl Secys

NEW DELHI, JUL 26 (AGENCIES): In a big blow to states who have appointed legislators as parliamentary secretaries, the Supreme Court on Wednesday declared as unconstitutional the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004. A bench headed by Justice J Chelameswar allowed the plea challenging validity of the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 on the ground that it violated the mandate under Article 164 (1A) which stipulates an upper limit of 15 per cent as the strength of the council of ministers. The question posed before the Court was whether Article 194(3) and Entry 39 of List II of the 7th Schedule authorized the State Legislature to make the impugned Act. Entry 39 indicates the field of legislation regarding the powers, privileges, and immunities of the house of legislatures. Article 194(3) authorizes the State legislature to prescribe by law, the powers, privileges and the

immunities of the members and the committees of a House of such Legislature. The Court ruled that Article 194 does not expressly authorize the State Legislature to create offices such as the one in question. It then made reference to Article 187 which makes stipulations with reference to the secretarial staff of the Legislature. On January 1, 2004, the Constitution 91st Amendment Bill, 2003 was passed by both the Houses of the Parliament and after the Presidents assent, it became an act with modifications made to articles 75 and 164 of the Constitution. Article 164(1A) of the Act stipulated that the size of the council of ministers in the state should not exceed 15 per cent of the total strength of the assembly. “We are of the opinion that the Legislature of Assam lacks the competence to make the impugned Act. In view of the above conclusion, we do not see it necessary to examine the various other issues identified by us earlier in this judgment. “The writ petition is allowed. The impugned Act is declared unconstitutional,”

the bench, also comprising justices RK Agrawal and AM Sapre, said. The bench noted in its judgement that at the time of the coming into force of 91st Constitutional Amendment Act, 2003, the strength of the council of ministers in Assam was at 36 out of a total 126 members which amounted to 28.57 per cent of the strength of the Legislative Assembly. It further noted that in view of the mandate contained in Article 164(1A), the strength of the council of ministers was to be brought down to 19 as per the 15 per cent ceiling. Thereafter, on May 30, 2005, eight parliamentary secretaries were appointed under the Act and they took oath of office, but were not assigned any ministry. The petitioners had challenged the validity of the Act contending that the state was not competent to enact it and it was intended to “over-reach the mandate of the Constitution Amendment Act”. Meanwhile on July 5 last, the Punjab and Haryana High Court quashed the appointment of four chief parliamentary secretaries in

the government of Haryana. The division bench of Justice S S Saron and Justice Darshan Singh pronounced the decision after hearing the PIL filed by advocate Jagmohan Singh Bhatti seeking quashing of their appointments. He has pleaded that there is no post of Parliamentary Secretary or Chief Parliamentary Secretary in the constitution. However, on request of Haryana Government, the court has stayed the decision for three weeks granting time to file appeal in the upper court. It may also be recalled that the Election Commission of India on June 24 refused to drop the ‘office of profit case’ against 21 Delhi AAP MLAs. EC concluded that the 21 AAP parliamentary secretaries, hence become accused in the “office of profit” case. The AAP MLAs are facing the threat of disqualification in the case. Since the AAP MLAs held de facto posts of Parliamentary Secretaries from March 13, 2015, to September 8, 2016, the proceedings on the question of their disqualification will continue, the EC said in its order.

Requisition post of JDAs to NPSC: PSAN

JCC decries TR Zeliang as CM

BJP Wokha unit refutes rumours

DIMAPUR, JUL 26 (NPN): To avoid unwanted confrontation, Public Service Aspirants of Nagaland (PSAN) through its media cell demanded that the nine posts of JDAs in the Directorate of Treasuries and Accounts should be immediately requisitioned to NPSC. PSAN said that the nine posts of JDAs were forwarded to the Finance Department by the Directorate of Treasuries and Accounts on April 28, 2017, but have not been requisitioned to NPSC till date. PSAN also questioned the Department of Tourism, why the two posts each of tourist officers and tourist assistant against Tuensang and Phek districts not requisitioned to NPSC, despite posts creation approved by the cabinet in the meeting held on May 23, 2016. The public aspirants also demanded that the deputation of one UDA from NPSC to the department of Rural Department as BDO/RDO should be recalled as it was in violation of the government’s deputation rules. It further, demanded that the resulted vacancy should be requisitioned to NPSC.

This is it!

“Every argument here in Nagaland comes with the issue of special provision.” K Y M C

DIMAPUR, JUL 26 (NPN): Joint Coordination Committee (JCC) has once again resolved and reiterated its stand against T.R. Zeliang for occupying the chair of the chief minister before completion of the investigation Judicial Inquiry Committee (JIC). The resolution was among several points adopted during the meeting of the JCC held on July 26, stated JCC member Vecüto in a press note. During the meeting, held with the consent of all apex tribal bodies, JCC also came down heavily on all legislators for their conduct by putting their self interest first and neglecting the welfare of the people. The legislators who have been elected to serve the public have undermined the will of the people, JCC stated. The house resolved that the government revoke the November 24, 2016 NLA resolution (Nagaland

Municipal Act) before the expiry of two months time. The house also demanded that the JIC complete its enquiry and make public its report within a period of two months time. Further, the house expressed strong resentment over the formation of the so called new Dimapur Naga Youth Front (DNYF). The tribal bodies and Joint Coordination Committee asserted that “other than the original DNYF, formed under the banner of the tribal bodies and JCC, which was purchased by blood, shall not be allowed to be played around with.” While maintaining that it had no business to interfere on formations of groups, JCC cautioned that it will not entertain any formation, which has no link nor support of the tribal bodies and its youth organisations under the nomenclature of DNYF

Nitish resigns as Bihar CM; to form govt with BJP support

TR Zeliang allocates portfolios to ministers, parl secys & advisors

PATNA, JUL 26 (AGENCIES): Bihar Chief Minister Nitish Kumar resigned today, citing irreconcilable differences with ally RJD Nitish Kumar over corruption charges against his deputy Tejashwi Yadav, snapping an uneasy coalition cobbled together in the aftermath of the 2014 Lok Sabha poll debacle. Ku m a r ’s r e s i g n a t i o n capped days of stand-off between his party JD(U), which was insisting on Tejashwi defending himself against the allegations, and the RJD, whose chief Lalu Prasad rejected the demand outright. Hours after Nitish resigned, Senior BJP leader Sushil Modi has said the party has decided to support Nitish Kumar as Chief Minister of Bihar after he resigned from the position today. After the MLAs of the two party met at Nitish Kumar’s residence in Patna, it has been decided that Nitish Kumar will be taking oath as the CM of Bihar on Thursday at 5 p.m. Prime Minister Narendra Modi praised Kumar for “joining the fight against corruption”.

DIMAPUR, JUL 26 (NPN): Nagaland chief minister, T.R. Zeliang on Wednesday allocated the portfolios to his council of ministers including advisers and parliamentary secretaries, completing all formalities to let the jumbo-sized ministry take charge. According to an official notification, the chief minister, T.R. Zeliang has kept the portfolios of Finance, Personnel and Administrative Reforms and other portfolios not allocated to others. TR Zeliang, who was swornin on July 19 amid high political drama, inducted eight cabinet ministers from the NPF and two from the BJP. Dr. Imtiwapang Aier remains as the NLA Speaker. According to the notification issued by the cabinet secretary, Pankaj Kumar, all the Advisors have been given the status of cabinet ministers to assist the chief minister. It may be mentioned that Noke Wangnao was elected as the DAN chairman.

Sl. Name No. 1 T. R. Zeliang Chief Minister

Designation

4

Finance, P&AR and other portfolios not allocated to others COuncil of MINISTERS G. Kaito Aye National Highways and Political Affairs Imkong L. Imchen Health & family Welfare Tokheho Yepthomi School Education and Parl. Affairs Y. Patton Home

5

Kipili Sangtam

1 2 3

Power

6

Dr. Neikiesalie Nicky R o a d s & Kire Bridges 7 E.E. Pangteang Rural Development 8 Imtilemba Sangtam Co-op, Relief & Rehabilitation, MARCOFED 9 Kejong Chang Horticulture, DB&GB 10 Neiba Kronu Environment, Forest & Climate Change 11 Mmhonlumo Kikon G e o l o g y & Mining, Border Affairs ADVISERS 1 Noke Wangnao PHE 2 S. I. Jamir Urban Development 3 Dr. T. M. Lotha Tr e a s u r i e s & Accounts, LM&CP 4 Pukhayi Soil & Water Conservation, NSDMA 5 S. Pangnyu Phom DUDA, NEPED 6

CM Chang

7

Nuklutoshi

8

Deo Nukhu

Planning & Coordination Food & Civil Supplies Higher Education & NBHM

9

Naiba Konyak

State Lottery, NBDA PARLIAMENTARY SECRETARIES 1 C. Apok Jmair Tourism 2 Pohwang NRLM & Evaluation 3 Dr. Benjongliba Aier C A W D & Taxes 4 Paiwang Konyak Transport & Civil Aviation 5 Merentoshi R. Jamir Social Welfare 6 Hukavi Zhimomi Jails, SC&T, NKVIB 7 Shetoyi Fisheries, Printing & Stationery 8 BS Nganlang LRD & Excise 9 N. Thomas Lotha Technical Education 10 Imtikumzuk I&PR, SIRD 11 Zhaleo Rio Municipal Affairs 12 Dr. Longrineken IT&C, DAN 13 L. Khumo Land Revenue, VG and Women Resource Devp 14 Er. Levi Rengma Housing 15 Er. Picto Shohe Justice & law 16 Amenba Yaden Industries & Commerce, NIDC 17 YM Yollow Agriculture 18 Toyang Changkong NRE, Fire & Chang Emergency Services 19 S. Chuba Longkumer Vety. & AH 20 Eshak Konyak Art & Culture 21 Er. Vikho-o Yhoshu Mech. Engg & NSMDC 22 Khekaho Assumi YRS, MTF 23 Tovihoto Ayemi Irrigation & Flood Control 24 Namri Nchang Sericulture, HG&CD 25 Er. Kropol Eco & Stats, SCERT 26 Dr. Neiphrezo Keditsu L a b o u r & Employment (including Skill Development)

DIMAPUR, JUL 26 (NPN): BJP Wokha district unit has sharply reacted to the rumours spread on social media against BJP national secretary (I/c Nagaland) Ananda Narayan Mishra for anti-Christian statement. In a press note, BJP Wokha president, L. Meribemo Kinghen clarified that the statement “Jesus cannot bring development only BJP govt will bring development” was never made by Mishra and termed it as baseless and unfounded, created by vested interest trying to tarnish the good image of party. Meribemo said upon inquiry, it was found that the post was made by one Openthung Odyuo, who had later owned moral responsibility and apologized to the district party president. BJP has therefore appealed to public, particularly Churches not to be misled by such propagandas on social media.

Pillai case: DPP for independent probe DIMAPUR, JUL 26 (NPN): Democratic Progressive Party (DPP) on Wednesday demanded immediate institution of an independent inquiry and investigation on all antecedents of MKR Pillai. The party said it was seriously concerned about the expose of a huge scam and corruption network in the state police department, which was unearthed following Income Tax raids on Pillai. It demanded that the inquiry reveal all the corruption and the loot that has taken place, punishment to every person who has stolen public funds and restoration of all the losses to the state exchequer. DPP through its media and communication cell said this was resolved at a general body meeting of the party held on July 26, 2017 at Nousi Auditorium,

Niathu Resort, Chumukedima, Dimapur. The recently formed party maintained that unless an effective investigation was successfully concluded, faith and confidence in the system cannot be restored and mere removal of Pillai from his post was definitely not enough. T h e ge n e r a l b o dy meeting, which adopted five-point resolution, declared its support to the ongoing peace process and appealed to the negotiating parties of the Indo-Naga political dialogue, especially the Government of India, to expedite the political talks and bring about an early solution that was honourable, acceptable and wholesome. DPP also appealed to all sections of Naga National Political Groups to heed to the call of the Naga people and come together

under a spirit of unity, brotherhood and cooperation. Further, DPP congratulated Khango Konyak on being elected as NSCN (K) president and appealed to his organization to return to the negotiating table and the ceasefire. It stated that both the Government of India and the NSCN (K) must make every effort to listen to the voice of the people and sign a ceasefire agreement so all sections could collectively work towards realization of peace. The party also welcomed the initiative of the Church and civil society organisations in launching the clean election campaign. Extending support to the initiative, DPP reiterated its commitment to participate and contribute towards making the clean election movement successful. (Cont’d on p-7)

K Y M C


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