Al Ngullie
Morung Express News
Dimapur | March 22
Nagaland may have to wait longer for the contentious 33% Reservation for Women to be implemented – the Nagaland government has decided to file a Review Petition with Guwahati High Court seeking ‘more time’ prior to starting any process associated with implementing the Reservation and holding civic elections.
Basically the Review Petition is not to seek for reversal of the Guwahati High Court’s judgment to implement the reservation, but to appeal for more time for the government to study the “impact” implementation of the Reservation might possible have later on.
On Thursday, March 22, Nagaland State Legislative Assembly passed a resolution to ‘refer’ the issue of Reservation to a select committee for review and report to the Assembly within six months.
A highly placed source from the government disclosed tonight that the State has decided to approach the Kohima bench of the Guwahati High Court by March 23 seeking ‘more time’. The decision – a ‘procedure’ entailed by matters that involve court orders and legislative decisions – was taken after the resolution was passed in the Assembly, Chief Secretary of Nagaland Lalthara said during an interaction tonight.
The understood situation currently is that the Naga People’s front-led Democratic Alliance of Nagaland (NPF-led DAN) is caught between the Devil and the Deep Sea – the High Court has ordered implementation but the State now cannot go ahead in the face of stiff opposition from the male-dominated Naga civil organizations.
“We have already decided today to approach the court. Before the office was closed we decided that we have no option but to seek more time from the court so the assembly committee can study (the Reservation)…” Lalthara told The Morung Express. He said the State now ‘has no option’ concerning the compulsion for ‘more time’ considering that the Guwahati High Court has already issued a judgment ordering the state government to activate election processes for the municipal polls. The court had ordered that the polls commence but with the Reservation for Women. The tentative date for the polls was set for impending April.
The possible pleas the State could cite in the Review Petition would be arguments about “what could be the outcome if elections (with Reservation) go ahead” and so on, the state official explained. “I think by tomorrow (Marc 23) we should approach the court,” Lalthara said.
The official explained more that the State has already issued instructions to going about fling the Review Petition. “The chief minister has issued instructions; I have issued instructions,” the chief secretary said.
It is understood that the government may have a tough time having to convince the court why the State needs time. The reasons the State is citing are that the committee will review the “impact” of holding elections with the Reservation and the possible situation the opposition from civil organization could bring about.
The reasons that could be cited in the Review Petition are similar to the ones the Nagaland government gave to the High Court earlier for not holding the municipal elections.
Interestingly when the High Court issued its judgment it had rubbished the State government’s explanation for not holding the civic polls: “The circumstances which weighed upon the Cabinet to postpone the elections cannot be said to be exceptional circumstances or special, emergent and unforeseen circumstances which alone can distract the authorities concerned from holding elections. Issue of reservation of seats for women in municipal councils and town councils and the ongoing peace process in the state have ,if at all , a tenuous link. There was no material before the Cabinet that if elections are held there will be breakdown of law and order in the state. Shortcomings of the Act, if any, and awaiting for suggested remedial measures is too fragile a ground to postpone elections in the fact of the Constitutional requirements and the law laid down by the Apex Court.”
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