No ULB elections without review of Nagaland Municipal Act: JCC

JCC seek Cabinet Sub-Committee,
JIC reports in public domain

Dimapur, November 24 (MExN): The Joint Co-ordination Committee (JCC) on Urban Local Bodies (ULB) has demanded a review of the Nagaland Municipal Act, 2001 while unanimously resolving not to allow the conduct of ULB elections till the reports of the Judicial Inquiry Commission and the Cabinet Sub-Committee are notified in the public domain.

A decision to this effect was taken during a consultative meeting on Wednesday with Dimapur-based tribal hohos, unions and organisations along with the Eastern Nagaland People's union, Dimapur (ENPUD) and Dimapur Unit of the Tenyimi People's Organisation (TPO), according to a statement from the JCC’s Convenor Luolao Usou and Secretary W Rainbow Ngullie.

While acknowledging the state government for being open to review the Act, the JCC impressed upon the Cabinet Sub-Committee which was constituted in 2017 to expedite the process and submit its final report, stating that the issue of reviewing the Nagaland Municipal Act, 2001“has been enduring in the long-overdue ULB elections in the state of Nagaland without public representations following the dissolution of the municipal and town councils.”

Stating that the ULB election has become a contentious issue in Nagaland politics as well as legal and social circles not only “because there are conceptual differences among the stakeholders but because of the multiple referential integrity,” it said that the legitimate issues to be considered include “how to ascertain the common good and aspiration of the Naga people in particular in the context of their traditions, cultural references and socially appropriated in relating to the persisting issue over ULB election with 33% reservation for women and imposing tax on properties [sic].”

Reaffirming the memorandum submitted to the then Chief Minister of Nagaland on January 23, 2017 opposing conduct of ULB elections without review or amendment of the Act, the JCC asserted that Naga apex CSOs had, on February 7, 2017, mandated and endorsed the JCC to voice the opinion of the Naga people against the application of the Act in the present form which would infringe the basic rights granted under Article 371 (A) of the Constitution of India which gave the Nagas special status and “empowered the Nagas to interpret this constitutional provision in accordance to the Naga customs and traditions which reflect the basic interest and aspiration of the people.” 

Revoke November 18 notification

According to the statement, the state Government’s recent notification on November 18, proposing the constitution of an Advisory Council to various Municipal and Town Councils with 33% nominated members for women for an interim period was also discussed during Wednesday’s meeting. 

Stating that the arrangement “is not acceptable to the Naga people,” the JCC urged the government to revoke the notification. It also raised concerns that “it may create another situation therefore; the decision of the State Government needs to be examined in the context of the interest and demands of the Naga-people in general.”

It also pointed out that the nominated members would not have the legal position to run the affairs of the ULB in the absence of elected representatives as the Nagaland Municipal Act, 2001 had permitted the State Government to nominate people having special knowledge or experiences in Municipal Administration which is limited to 1/5 of the directly elected members. Therefore, the decision taken by the State government to nominate people to run ULBs without duly elected representatives shall be violative of its constitutionality as well as the provisions of the Act, it stated. 

Meanwhile, the JCC also urged the State Government to officially declare the Judicial Inquiry Commission (JIC) report pertaining to the death of four people in the firing incident on January 31, 2017. Stating that it had “strongly taken its stand” on the matter, it reiterated that both the reports should be officially notified and brought to the public domain. “If the government fails to consider the demands of the people, the JCC will initiate appropriate course of action till the rights and demands of the Naga people are accomplished,” it added.