KOHIMA; The Nagaland Governor Mr. MM. Thomas said that the “has not violated the Constitution in dissolving the State Legislative Assembly and in asking the present Ministry headed by Mr. Vamuzo to continue as the caretaker Government.”
Talking to newspersons here the Governor also said that he had informed the Center of his action following the recommendation of the Chief Minister for dissolution of the Assembly because of the “unstable political situation in the State.”
The recommendation of the chief Minister “is binding on me.” But under no circumstance am I going to recommend Presidents rule” he added
Mr. Thomas distributed copies of the purported telegram sent by him to the Center.
Addressing another press conference the Chief Minister Mr. Vamuzo sad that fresh election in the State would be held “within six months”.
“The Centre Government has no role to play in the action of the Nagaland Governor Mr. MM. Thomas dissolving the State Assembly on the evidence of the Chief Minister. Mr Vamuzo.
According to constitutional experts the Central Governments is not in the picture at all as the Governor is not an agent of the Centre. The Governor they pointed out was a constitutional representative and not subject to the dictates of the Center.
The Union Home Minister Mr. S.B. Chavan while speaking in the Rajya Sabha had said the Government was getting details of the development and consulting the Law Ministry to decide on the course of action. The former Law minister Mr. Shanti Bhushan said the Governor was announcing the dissolution of the House. There is no need under the Constitution for the Governor to consult the President before acting.” Mr. Bhushan maintained
Asked about the Governor’s action despite the disqualification of 15 MLAs being Sub judice he said that when the House itself was dissolved the controversy surrounding the Speakers action was set at rest.
“The House does not exist at all “The issue has been referred to the people” he said. Referring to the alleged efforts being made by the Congress (I) to form a government in the state by engineering defections. Mr. Bhushan said “the game being played by the ruling party had been frustrated by the action of the Governor.”
Mr. KK. Venugopal was of the pinion that in the normal course when the Chief Minister commanded the confidence of the house the Governor was bound to go by the advice of the Council of ministers.
Article extracted from this publication >> April 10, 1992