KOHIMA, JUNE 1 (MExN): The State Election Commissioner (SEC) of Nagaland has issued a show-cause notice to the President of the Eastern Nagaland People's Organisation (ENPO) regarding the decision to collectively abstain from participating in the upcoming Urban Local Bodies (ULB) elections.
The ENPO was show-caused under sub-section (1) of Section 171 C of the Indian Penal Code, 1860, which states, "Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election."
This notice, signed by SEC T John Longkumer, noted that the ENPO's actions undermine the principles of Universal Adult Franchise and the constitutional rights of individual voters. In the notification, the SEC stated that it announced the election programme for the general election to three Municipal Councils and 36 Town Councils in the state on April 19, with the polling date set for June 26.
In response, the ENPO publicly declared its intent to abstain from these elections on May 15 via a press statement, endorsed to the SEC. Following this, the SEC issued a press release on May 17, emphasizing the importance of individual voter freedom and the legal consequences of collective abstention, referencing the Supreme Court of India's Notice of Contempt served on several entities for similar actions.
According to the Commission, despite this, the ENPO reiterated its stance on May 31, through another public statement.
It further reminded of a Civil Appeal in the Supreme Court, with the ENPO as a respondent to a subsequent contempt petition issued by the Court.
Accordingly, the ENPO is under legal obligation to comply with the orders of the Supreme Court to ensure a free, fair, and undisturbed electoral environment and to refrain from any action that influences or tends to influence, that interferes or tends to interfere with the free exercise of franchise and of electoral participation of eligible citizens residing in the Eastern Nagaland region, it added.
The SEC also stated that the repeated public declarations made by the organisation, which functions as a pressure group and is unrelated to the constitutional privileges of an electorate or elector, are considered attempts to interfere with and infringe upon the individual rights of the electorate.
These declarations prevent voters from participating freely and without undue pressure in the electoral process based on Adult Franchise, it said. Furthermore, such actions are deemed to interfere with the SEC’s authority over the supervision, direction, and control of all municipal elections, it added.
The Commission also stated that as the head of the ENPO and the Eastern Nagaland Public Emergency Control Room in Tuensang, it is the President's responsibility to ensure compliance with the Supreme Court's orders for a free and fair electoral environment.
The President is required to respond to the show-cause notice without delay, the notification stated.
