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posted by: Kavya Mishra
Last updated: May 06, 2023, 5:45 PM IST
The Nagaland Assembly passed a resolution repealing the Municipal Act and decided not to hold elections. (PTI)
In its March 14 order, the Supreme Court referred to the SEC’s attorney’s memo that the election would be held on May 16.
The center told the High Court that it was in the process of holding discussions about the validity of Nagaland’s decision to overturn the Municipal Ordinance to circumvent the one-third reservation for women in urban local body polls and asked the court to grant two weeks before it could do so. Clarify its position on this issue.
The Supreme Court had earlier asked the center to give its position on whether the constitutional scheme of one-third reservation for women in municipalities and municipal councils could be violated by the state of Nagaland, as the Assembly passed a resolution repealing the Municipal Act. They decided not to hold a civil election.
Additional Solicitor General (ASG) KM Nataraj, who appeared for the centre, has requested two weeks from the bench of SK judges Kaul and Aravind Kumar to comply with the Supreme Court’s order of April 17.
“The Assistant Secretary General indicates that there are interdepartmental discussions pursuant to our order of April 17, 2023, and is seeking an additional two weeks of time to comply with our list of May 18.”
The Supreme Court had on April 5 put a hold on canceling the March 30 notice until further orders for the elections of ULBs in Nagaland which were to be held on May 16 after nearly two decades.
After pressure from tribal organizations and civil society groups, the Nagaland Assembly passed a resolution repealing the Municipal Act and decided not to hold elections.
On March 30, the State Elections Commission (SEC) issued a notice to cancel the election program previously notified “until further orders” due to the repeal of the law.
The Supreme Court is hearing a petition requesting a 33 percent reservation for women in the state’s local body elections.
In its order of April 17, the Supreme Court indicated that the “ingenious method” adopted to evade the undertaking made to the court earlier on holding elections was to repeal the Nagaland Municipality Act 2001.
“There is hardly any hesitation on our part to suggest that what we seek to do is in breach of the undertaking made to this court,” the court said.
“We would like him (ASG representing the centre) to help us and lay out the position of the Federation of India on whether the constitutional scheme of one-third reservation for municipalities and municipal councils, in the opinion of the central government can be violated by the process adopted by the government of Nagaland.”
On April 17, the counter was given two weeks for the assistant secretary general to record the center’s position on the log.
It also noted that with respect to the special provisions afforded to Nagaland under Section 371-A of the Constitution, nothing has yet appeared to support a claim that the religious or social practices of Naga or Naga customary law and procedures negate the right to equality for women in terms of the participatory process in such elections.
In its March 14th order, the Supreme Court referred to the SEC’s attorney’s memo that the election would be held on May 16th.
The petitioners have applied to the Supreme Court through Advocate Satya Mitra against the annulment of the elections urging her to take contempt action for “disobeying” the March 14 order.
Besides seeking to repeal the March 30 notice issued by the SEC to cancel the election platform, the application also sought to repeal the Nagaland Municipal (Repeal) Act 2023.
The SEC had earlier announced elections for 39 senior board members in the state. Of the 39 ULBs, Kohima, Dimapur and Mokochung have municipal councils, while the rest are municipal councils.
Several Naga tribal bodies and civil society organizations have opposed the ULB elections under the Nagaland Municipality Act 2001, arguing that they violate Nagaland’s rights guaranteed by Section 371-A of the Constitution.
The 2001 law, which was later amended, made 33 percent of the seats mandatory for women to hold CRU elections, as directed by the Supreme Court.
ULB elections in the state have been long overdue with the last election held in 2004.
Read all the latest India news and Karnataka elections 2023 update here
(This story has not been edited by News18 staff and is republished from a syndicated news agency feed.)
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