KOHIMA, JULY 5 (DIPR): Principal Secretary, Urban Development, Nagaland, Dr. S.C. Deorani in a release said, “Although reservation of seats for women in the Municipalities are mandatory in terms of Article 243T of the Constitution of India, perhaps through oversight, the Nagaland Municipal Act 2001, did not make any provision for reservation of seats in Nagaland Municipalities”.
However, he added that realizing the defects in the original Act, the State Government enacted the Nagaland Municipal (First Amendment) Act 2006, whereby, reservation of seats for women in every Municipality have been made mandatory as per Section 23 A inserted in the Nagaland Municipal Act, 2001 through the Nagaland Municipal (First Amendment) Act, 2006. In pursuance of the provisions contained in the said Section 23 A, the State Government had identified the wards to be reserved for Scheduled Castes and Scheduled Tribes including women on rotation basis in the Municipalities and notified vide Notification NO. MAC/HOME-9/2006 dated 22/03/2007. Members of the Municipalities who are being affected by this measure, had filed Writ Petitions in the High Court (Kohima Bench) questioning the validity of the provisions contained in Section 23 A as inserted through the Nagaland Municipal (First Amendment) Act 2006.
The High Court (Kohima Bench) had issued Stay Order for maintenance of status- quo till further orders; vide their Orders dated 11/04/2007, 07/05/2007 and 09/05/2007.
On account of this stay order of the High Court, the State Government is restrained from conducting elections against the seats reserved for women in the Municipalities as per the Nagaland Municipal (First Amendment) Act 2006.