[ORAL]

(K. Sreedhar rao (chief justice (acting)

1. The 12th Nagaland Legislative Assembly was constituted with total elected members of 60. In the Assembly, the Naga Peoples Front (NPF) had 38 MLAs, the Congress had 8 elected MLAs, the Nationalist Congress Party (NCP) had 4 MLAs, the Janata Dal United (JDU) had one MLA, the Bharatiya Janata Party (BJP) had one MLA and 8 independent MLAs. In the four of the MLAs of NCP, the President of State Unit of NCP was also an MLA and he along with other two MLAs made a petition to the Speaker on 16.06.2014 making a claim that the State unit of NCP has merged with the BJP and that all the three MLAs of NCP have become members of the BJP. In accordance with the resolution, dated 16.06.2014.

2. The Speaker after entertaining the petition regarding merger, issued notices to the President and Secretary of the NCP of National Unit and both of them wrote to the Speaker that there is no merger and stated that three of the MLAs, who have joined the BJP, have voluntarily left the party. The national President of NCP appointed one Semdok as the acting President of the State unit of the NCP. The said Semdok also filed a petition before the Speaker