In a major setback to Nagaland Chief Minister Shurhozelie Liezietsu, the Gauhati High Court today dismissed his plea to stay Governor P B Acharya's directive for floor test.
The court left the matter to the discretion of the governor, who had asked Liezietsu to seek the trust vote in view of the turbulence within the ruling NPF.
Justice L S Jamir of the Kohima bench of the high court had heard the argument in the case yesterday and delivered his verdict today.
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Acharya had on July 11 and July 13 directed Liezietsu to seek vote of confidence by July 15 after former Chief Minister T R Zeliang staked claim saying he had the majority support in the House.
Liezietsu, who is facing rebellion by 43 Naga Peoples Front MLAs led by Zeliang demanding change of leadership in the present house of 59, had filed the petition on July 14 seeking a stay on the governor's directive.
The court had issued an interim order stalling the governor's directive till yesterday so that the matter could be taken up for hearing.
After the hearing, Justice Jamir today dismissed the Liezietsu's petition and also vacated the July 14 interim order.
"This court is of the considered opinion that the governor had taken the right decision to ask the petitioner (Liezietsu) to have a vote of confidence at the floor of the House to see which out of the two contesting claimants of the chief ministership has a majority in the House," the court observed.
It also maintained that it has no reasons to interfere with the governor's letter to the chief minister on the matter.
Dismissing the petition, the court said, "The matter is left to the wisdom of the governor to take a decision on the same after proper application of mind."
The court further stated that there was no merit in the writ petition filed by Shurhozelie Liezietsu and it was, accordingly, dismissed.
Liezietsu will face the trust vote tomorrow at a special session of the assembly as directed by the governor.
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