Dimapur, March 18 (MExN): The Government of Nagaland on Saturday said that it was duty bound to conduct Urban Local Body (ULB) elections in the state on schedule, and in accordance with the 74th amendment of the Constitution that mandates 33% reservation for women in ULBs.
In a statement, received here on Saturday, Principal Secretary to the Government of Nagaland I Himato Zhimomi also clarified on some key issues that various organisations had objected to.
In this context, the statement clarified that the Supreme Court of India (SC) had directed the state government to issue a notification for the ULB elections by March 9, 2023. Following this directive, the State Election Commission had issued a notification for the ULB election schedule on the same day, with polls scheduled for May 16. The Model Code of Conduct was also enforced accordingly, it said, while adding that, “State authorities are duty bound to conduct ULB elections as per the notified schedule,” in light of the SC judgment.
As per the statement, the SC in its March 14 judgment had directed that the poll schedule would not be disturbed and that the election process should be completed in accordance with the schedule. The court also warned that any violation of the order would be considered an act in breach of the court's order. “The State Election Commission and the Government to make all necessary arrangements to ensure free and fair elections in pursuance to the Notification and any violation by any authority or citizen in breach thereof would be an act in breach of the order of this court,” it said, quoting the Supreme Court judgment.
Accordingly, the next hearing in the SC is scheduled on May 18 only to ensure that the ULB election process is over, it said.
In the statement, the government also clarified that the provisions relating to tax on land and building had already been removed from the Nagaland Municipal Act 2001 by the NMA (3rd Amendment) Act 2016 and the amendment of section 120 (1) (a) states that “All references and operative provisions relating to tax on land and buildings wherever these occur in the Nagaland Municipal Act, 2001 shall be deemed to have been omitted.”
While in some quarters the request for replacement of the word ‘Deleted’ in lieu of ‘Omitted’ has been made, it is clarified that as per the legal opinion, the words ‘Omission, Omitted & Deleted’ have no difference but should be read as of the same meaning and character in context of the amendment issue in question, the statement read.
With regard to suggestions of nominating women in ULBs with voting rights instead of 33% women's reservations of wards, the government rejected the suggestion, stating that the Supreme Court had categorically struck down the suggestion as “something naturally not acceptable,” in its February 2, 2022 judgment.
“Reservations for Women Chairpersons; Women's reservation of Chairpersons of the ULBs is notified as per Section 23B of the Nagaland Municipal Act, 2001, as amended. To bring about fair play, the rotation is being based on the alphabetical order of the ULBs,” it added.
Further, the government urged registered voters of the ULBs to participate in the forthcoming elections and make it a resounding success.
