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 fight 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.”

The issues raised in the writ petition relates to Nagaland Legislative Assembly which was recently dissolved by the President of India under Article 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.

In November, 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 August 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.

On July 28, 1988, 13 MLAs among the 34 of Congress (I) ruling Party informed the Speaker of the Nagland Assembly to have separated from the ruling party and formed a separate party called Congress Regional Party. The_ group of 13 requested the Speaker for allotment of separate seats for them, in the Assembly in the session which was to be commenced on August 28, 1988. The names of the 13 with their signatures were sent to C.Chongshen the Speaker of the Assembly, one out of them was at Madras undergoing treatment therefore he did not sign the letter but he later confirmed that he formed the group of 13 and member of the newly formed Congress Regional Party.

The Speaker on July 30 on the representation received held a “split” within the meaning of the Tenth Schedule of the Constitution in the ruling party had occurred in that three ex-Ministers, one Minister of State, one Deputy Speaker, three Chair Persons of Corporations, five Legislators K.L.Chishi as the President, Yeang Phong Konyak as General Secretary of the group formed a new political party in Nagaland.

Vamuzo one among the separated 13 MLAs informed the Governor to have secured the support of 35 out of the 59 members (signed by 32 parsons sent to” the Governor on 31st July, 1988) for forming Ministry in the State. The Chief Secretary, Nagaland thereupon informed Vamuzo on August 3 that group of 13 persons according to information received by him were wrongfully confined by him. Vamuzo informed the Chief Secretary that the 13 M.L.As. are free persons and the Chief Secretary if he is so minded can verify from them individually. Thereupon the Superintendent of Police and the District Magistrate at the instance of the Chief Secretary both visited Tourist Lodge on August 5 where the separated members were lodged and from them were obtained statements showing they are not wrongfully confined. This is one or first part of t