Northern Angami-I bypoll on 29 July: Nagaland Congress questions legal validity of poll schedule

The Election Commission of India on Thursday announced 29 July as the by-election date to fill up two vacant Assembly constituencies in Arunachal Pradesh and Nagaland. While the political parties are busy picking their candidates, Congress’ Nagaland unit has raised questions about the legality of the by-election. Sources in the Congress party said that the election schedule issued is in contradiction with The Representation of the People Act, 1951. [caption id=“attachment_3405946” align=“alignleft” width=“380”] Representational image. Reuters.[/caption] K Therie, president of Nagaland Pradesh Congress Committee told Firstpost, “ As per the section 151A of the Representation of the People’s Act, by-election to fill up any vacant Assembly constituency should not be held if the remainder term of the member is less than a year.” He pointed out that Assembly polls will be held in Nagaland early next year, only less that year’s time is left for the election. Therie added that there is a legal conflict and the party will have to discuss the issue before arriving at any decision as the by-election has come as a burden to the party. “We are an Opposition party. It is not possible for us to participate in a full-fledged Assembly election almost six months after the by-election,” he said. The by-election date was announced for two Assembly constituencies — 12 Pakke Kessang in Arunachal Pradesh and Northern Angami-I in Nagaland. The Pakke Kessang constituency became vacant after the Supreme Court declared it’s election held in March 2014 void and Congress MLA Kameng Dolo had to resign in May 2017. The Northern Angami-I constituency was vacated by MLA Khriehu Liezietsu to make way for his father Shurhozelie Liezietsu, the chief minister of Nagaland in May this year. Shurhozelie Liezietsu, the president of the ruling Naga People’s Front (NPF), was elected as the chief minister in February 2017 by the party MLAs after TR Zeliang had to step down following statewide protests against his decision to reserve 33 percent of the seats for women in urban local bodies. KG Kenye, MP and NPF leader, told Firstpost that the chief minister will contest from Northern Angami Assembly constituency in the by-election. As per the Article 164 of the Indian Constitution, the chief minister has to get elected to the Assembly within six months of taking charge. The law states: “A minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a minister.” In a conflicting provision, section 151A of the Representation of People’s Act, which sets time limit for filling vacancies in representative bodies says that nothing contained in this section shall apply if the remainder of a member in relation to a vacancy is less than one year. Dismissing Congress’ claims, Ashok Agarwal, an advocate of the Delhi High Court says, “It is an established rule that the provision of the Constitution of India will have an overriding effect in case of any conflict with other laws.” He says that since the Constitution lays the rule that the chief minister will have to be elected to the House within a period of six months after taking charge, no other law can prevent this election from being held.