DIMAPUR, JULY 18 (MExN): The Nagaland State Government has brought out an anti-defection ordinance for Urban Local Bodies (ULBs), following the first ULB elections in over 20 years held in June. The ordinance, titled ‘Disqualification on Ground of Defection in Urban Local Bodies Ordinance, 2024,’ was published in the Nagaland Gazette Extraordinary published on July 15.
The ordinance, promulgated by the Governor of Nagaland, L. Ganesan, underlined the urgency of tackling defection-related problems in the newly elected Urban Local Bodies. As stated in Chapter 1, Section 1(2) of the ordinance, its provisions come into effect immediately upon publication.
One of the key aspects of the ordinance, detailed in Chapter 2, is the specific grounds for disqualification. A member of an Urban Local Body can be disqualified if they voluntarily resign from the political party that set them up as a candidate for election.
Additionally, a member who votes or abstains from voting against the directions of their political party, without prior permission, and fails to get this action condoned within fifteen days, will also face disqualification.
However, the ordinance provides an exception for cases involving mergers. If two-thirds of a legislature party's members decide to merge with another party, members will not face disqualification. This provision, detailed in Chapter 2, Section 3, aims to accommodate legitimate political realignments while preventing arbitrary defections.
In instances where disqualification questions arise, the ordinance designates the Chairman of the Urban Local Body as the decision-making authority. The Chairman's decision on such matters is final. If the Chairman's disqualification is questioned, the decision will be made by a member elected by the House for this purpose, ensuring an unbiased resolution process.
To operationalize the ordinance, the Chairman of the Urban Local Body is empowered to make rules, subject to state government approval. These rules must be publicized to ensure all House members are informed, as outlined in Chapter 2, Section 5.
Announcing the ordinance, the gazette emphasized its importance for maintaining the integrity and stability of Urban Local Bodies. "This ordinance ensures that members remain loyal to the mandates of their political parties and provides clear guidelines for handling defections," it stated.
It added that "the immediate implementation of this ordinance reflects our commitment to uphold democratic principles and enhance governance at the urban level. This measure will foster accountability and prevent political instability caused by defections."
