Kohima, February 11 (MExN): The Naga People’s Front (NPF) today stated that the Nagaland State government’s effort is to save and protect Article 371 A from the court’s encroachment; however, by declaring the elections to Urban Local Bodies (ULBs) null and void following opposition from tribal hohos and civil societies, the court has been given the space to take up the issue and pass any order from their own understanding.
“In the event of the Supreme Court passing any judgment diluting the provision of Article 371-A, in the near future, the tribal Hohos and other civil societies who are pioneering the present agitation should be held responsible by the Naga people,” added a press release issued by NPF Press Bureau.
It pointed out that the court’s decision to hold ULB elections with 33% women reservation still stands and if the Supreme Court passes any judgement interpreting Article 371 A from their own perspective it may endanger the sanctity of the special provision given to the Nagas.
Recounting the series of events leading to the decision to conduct the ULB polls, the NPF said Nagaland is not exempted from the enforcement of Article 243-T & Part IX-A of the Indian Constitution, which provides 33% reservation for women in ULBs.
The Central government, it stated, had directed the State government to implement the Act and accordingly the Nagaland Municipal Act (NMA) was passed in 2001, however, the 33% women reservation was left out from the Act. In 2004, election under Nagaland Municipal Act 2001 was conducted throughout the State except Mokokchung district and without 33% women reservation. However, in 2005, a Naga woman filed a PIL in the Gauhati High Court Kohima Bench and the Single Bench of the Gauhati High Court directed the State Government to INSERT IGNORE 33% reservation in the NMA 2001, the release said. The State Government therefore amended the NMA (Principal Act) in 2006 and INSERT IGNOREed the 33% women reservation.
But, the tribal hohos and other civil societies opposed the 33% women reservation and hence the Government could not hold the election in 2009, NPF pointed out. Meanwhile, the State Cabinet held a consultative meet with all the tribal hohos and civil societies on October 8, 2010 at Kisama and in pursuance to the consultative meeting, it directed the Urban Development Department to tour all parts of the State for necessary consultations and soliciting the views of people, the release recounted.
The Urban Development Department, the party informed, conducted tour to the entire state in April 2011 and recommended for women nominees with voting rights in ULBs since people are not in favour of holding elections with 33% women reservation.
On the other hand, Naga Mothers Association (NMA), Eastern Naga Women Organisation and Naga Women Hoho Dimapur gave a representation to the then Chief Minister to implement 33% women reservation in ULBs by holding election, according to the release. Further, NMA filed a writ petition in the Gauhati High Court Kohima bench for implementation of the Nagaland Municipal Council Act 2001 with 33% women reservation in the ULBs as passed by the Nagaland Legislative Assembly in 2006.
The Single Bench of the Gauhati High Court WP (C) No. 147(K) 2011 judgement delivered on October 21, 2011 directed the State government to hold election to the Municipal & Town Councils and to complete the entire process on or before January 20, 2012. However, the State Government appealed to the Gauhati High Court Division Bench and it stayed the order of the Single Bench by judgement order dated July 31, 2012, the NPF Press Bureau noted.
The State government on its part constituted a Select Committee on March 22, 2012 headed by the then Parliamentary Affairs and Planning & Coordination Minister and submitted its report on September 21, 2012. “…Accordingly, on September 22, 2012 the Nagaland Legislative Assembly passed a resolution moved by the then Urban Development Minister on the ground that Article 243-T of Part IX-A is not applicable to the State of Nagaland as it infringes Article 371-A.”
Meanwhile, the women group appealed to the Supreme Court through a Special Leave Petition in 2014 challenging the order of the Division Bench Gauhati High Court and also moved in the form of additional petition against the Assembly resolution dated September 22, 2012, it was informed. The Supreme Court, the release said, admitted the SLP of the women group on April 5, 2016 and stayed the decision of the Gauhati High Court Division Bench pronounced on July 31, 2012.
“The setting aside of the Division Bench order by the Supreme Court means the order of the Single Bench of the Gauhati High Court stands and the State Government is bound to call election with 33% women reservation,” it added.
“…The Assembly resolution was merely an expression of intention to do something and cannot override the principal Act. The Govt. negotiated with the women group to go ahead with the election with 33% women reservation and on the part of the women group to withdraw the case to which they have already submitted withdrawal petition in the Supreme Court,” NPF stated.
