The Nagaland State election commission was directed by the Supreme Court, to notify the local body elections and place it before them with an official notification to be placed by March 14, 2023.
The court has directed to list for directions on March 14, 2023 by which the Election Commission is to place on record the official notification.
A Bench of Justice S.K. Kaul, Justice Manoj Misra and Justice Aravind Kumar while hearing a petition filed by the People’s Union for Civil Liberties (PUCL) and women rights activist Rosemary Dvuchu challenging the Nagaland Assembly’s resolution dated September 22, 2021 exempting operation of Part IXA of the Constitution of India, which mandates 33% reservation for women, in Municipalities and Town Councils of the State.
In April, 2022, the State of Nagaland had informed the Apex Court that the State Government after holding a consultative meeting attended by all stakeholders had resolved to implement 33% reservation for women in local body elections.
Thereafter, on 29th July, 2022, the Apex Court had directed the State Election Commission (SEC) to complete the election process by January, 2023.
However, it appears that the election process has not been notified yet. As per an affidavit filed by the State Election Commission (SEC) to complete the election process by January, 2023.
However, it appears that the election process has not been notified yet. As per an affidavit filed by the State Election Commission, in January, 2023, the State Government had asked it to provide an election schedule. In response, two options for notifying the election programme has been provided by the SEC.
On Monday, the Bench was informed by the Advocate General for the State of Nagaland, KN Balgopal that the State has agreed to accept the first option and the State Election Commission can accordingly proceed with notifying the elections.
During the course of hearing, Senior Advocate Colin Gonsalves, who appeared for PUCL, said that the State Government in its latest affidavit
has resorted to the ground of violence and future violence to justify the delay in conducting the local body elections. He read out from the said affidavit: In the circumstances if the elections of the local bodies were to be forced on the people of Nagaland there was every likelihood of violence, which the State wanted to prevent….hence the election could not be held.
He submitted, “This statement of violence and future violence was used three times since 2009.”
The Advocate General apprised the Bench that the Eastern Nagaland People’s Organisation passed a resolution against participating in the legislative assembly elections until their demand for a separate State was considered. He submitted that the Central Government has now made it clear that they will not accede to their demands and ENPO has agreed to participate in the election process.