Issues contempt notice to State and SEC
Morung Express News
Dimapur | April 5
The Supreme Court, on April 5, stayed the notification issued by the State Election Commissioner on March 30 cancelling the “’Election Programme’ for conduct of election to 3 Municipal Councils and 36 Town Councils” in Nagaland till further orders.
“The order of this Court dated 14.03.2023 despite making it clear that any endeavour to tinker with the local elections now would be in breach of the orders of the Court either by the Election Commission or the State Government,” stated the order issued by a Bench comprising of Justice SK Kaul and Justice Ahsanuddin Amanullah.
“Notice both to the Election Commission and to the State Election Commission. In the meantime, the order dated 30.03.2023 cancelling the election programme is stayed. The reply be filed within a week,” the order added, further listing the matter for hearing on April 17.
With this, the State Government is poised to run into another legal hurdle with the apex court.
In must be noted here that on March 14, the State Election Commission submitted before the apex court a March 9 notification informing that the civic polls in Nagaland are scheduled for May 16 and the model code of conduct has came into force.
“We direct that this Schedule will not be disturbed now and the election process be completed in terms of the Schedule. 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 orders of this Court,” the Court then directed.
However, the announcement of ULBs elections was followed by opposition from various tribal hohos and other organisations, resulting in a ‘surprise’ resolution passed in the 1st Session of the 14th Nagaland Legislative Assembly on March 28 “repealing the contentious – as perceived by the tribal bodies – Nagaland Municipal Act 2001” in toto with immediate effect.
In the resolution, the House cited “stiff voices of opposition to the Urban Local Bodies Elections under the Nagaland Municipal Act, 2001 by the Tribal Bodies, Civil Society Organizations and every section of the society,” to justify the action.
The implementation of the Nagaland Municipal Act 2001 has been fraught with controversy “due to the public perception that the Act runs contrary to the spirit of Article 371-A,” the NLA resolution added.
The House also “unanimously resolved” to “expeditiously” enact a new law to govern the ULBs, which, it asserted, “will take into consideration once and for all the grievances of all the interested parties so that the elections could be conducted in accordance to law.”
Consequently, the State Election Commissioner issued a notification on March 30 informing that the ‘Election Programme’ issued on March 9 “stands ‘cancelled’ till further orders.”
Accordingly, as per the legal news portal, LiveLaw.com, the counsel for the petitioner, thePeoples Union for Civil Liberties (PUCL) mentioned the contempt petition before the Bench of Justice Kaul and Amanullah and apprised them that the election, which was being held pursuant to the orders of the Apex Court, has been cancelled by the March 9 notification.
The Counsel appearing for the State informed the Bench that the State of Nagaland will be filing an application in this regard, it said.
Displeased with the cancellation of the election in the teeth of the Apex Court’s order, Justice Kaul reckoned, “But you are in breach of the order of the court. So is the Election Commission. We will notice in contempt. We had said that it (the election) would not be postponed,” it added.
The Bench alsoissued notice in all the prayers, including the one seeking deployment ofCentral forces, it added.
On March 29, Naga women leaders also objected to the decision of the NLA to repeal the NMA 2001 and took exception to the fact that this was done without any civil dialogue or consultation with women.
