DIMAPUR, JANUARY 16 (MExN): The Nagaland Pradesh Congress Committee (NPCC) has expressed astonishment to the response of the State Election Commission (SEC) Nagaland for Municipal and Town Council elections over what it termed as “trying to misguide the general public by misinterpreting even the existing rule of the Nagaland Municipal Election Rules 2003.”
According to the NPCC, the SEC had stated “under Rule 20 Section 7, the Commission can vary, modify and alter the election programme. Rule 30 of the Nagaland Municipal Election Rules vests the SEC with superintendence, direction and control of the conduct of elections to the Municipals and Town Councils and when such instances come to its notice, the Commission has to take such steps as may be necessary to afford the opportunity to the candidates to file the nominations.”
Contradicting the statement made by the Commission, the NPCC maintained that Rule 20, sub-rule 7 does not have the provisions for extension of nomination date. It also pointed out that Rule 30 of Nagaland Municipal Election Rules speaks about the “List of contesting candidates” and not about the “superintendence, direction and control of the conduct of elections to the Municipals and Town Councils and when such instances come to its notice” as has been quoted by the SEC.
Whereas, it is under Section 30 of the Nagaland Municipal Act 2001, which provides provisions for “The superintendence, direction and control of the conduct of elections to the Municipals and Town Councils” but that too only for the purpose of office administration and functioning of the SEC and not for extension of nomination date, it went on to add.
Moreover, the NPCC opined that an order has to be decided or judged by reasons given in the order itself and not by further clarification or justification thereafter. Therefore, it reminded the SEC that the January 7, 2017 notification for extension of the nomination date does not have any mention of the Rule 30, except Sub-Rule 7 of Rule 20 under Nagaland Municipal Election Rules.
It also claimed that it is for the first time in the entire country that last date for nomination to the Urban Local Bodies' election has been extended. Further, the NPCC said it is willing to seek the opinion of the court of law to define the rules, which are in question in connection with the matter.
