DIMAPUR, JULY 29 (MExN): The Supreme Court today issued directions to the Nagaland State Election Commission to complete the Urban Local Bodies (ULB) elections and declare results for the same by the end of January 2023.
The order by Justices Sanjay Kishan Kaul and MM Sundresh came in relation to a civil appeal filed by the People Union For Civil Liberties (PUCL) and others against the State of Nagaland in the country’s top court. The appeal was filed challenging the Nagaland Legislative Assembly's September 22, 2021 resolution exempting operation of Part IXA of the Constitution of India, which mandates 33% reservation for women, in Municipalities and Town Councils of the State.
"We clearly put to them that the election process has to be completed and the results declared before the end of January, 2023. Accordingly, the schedule has to be worked out," the SC Division Bench stated in its order, as reported by legal news platform LiveLaw.
The counsel appearing for the Nagaland State Election Commission reportedly informed the Bench that the State government had filed two affidavits in the matter.
"We had kept it today for the purposes of the state election commission to file an affidavit as to what is the date when they will notify the elections. That's all we ask", the Bench said, as reported by LiveLaw. "As far as the schedule is concerned, we are sticking to November 24, but only subject to state approval, we can notify the elections", the counsel added. "Both of you (State Government and State Election Commission) need to tell me, when are you going to notify the date?" asked the Bench.
The counsel informed that the dates would be notified in January, to which the Bench retorted: "12 years have gone by, you have to hold elections…." The counsel informed that electoral roll would be published on November 24, and the process for conducting elections will go up to January 25 because there is a 10 day holiday period in between. The counsel added that as such the process will begin after January 25, 2023."
To this, the Court said “You cannot begin the election process after January."
Advocate General KN Balgopal had sought for more time to complete and declare the results of the elections, as during the period between December and January, the attendance of officers would be very weak because of the weather conditions, etc.
To this, the bench pointed out: "You keep on postponing it, how many years have gone by…" The matter will be next heard for reporting compliance in the second week of February, 2023.
The Supreme Court, on July 14, had pulled up the Nagaland Government over the delay in notifying the elections in Urban Local Bodies (ULBs) and granted two weeks to the Nagaland State Election Commission to apprise the Court over the issue.
The 33% women reservation in the ULBs election has been a contentious issue in Nagaland and ULBs elections have not been conducted for over a decade.
The State witnessed violent protests in 2017 which claimed two lives, following the decision of the state Government to hold ULB election. Subsequently, the entire process of elections to ULBs is at a standstill.
