- Petitioners fighting for voting rights seeks Nagaland CS intervention
- Alleges MVC defying direction of the High Court on candidate selection
Morung Express News
Dimapur | August 24
Is the Clean Election Campaign initiated by the Nagaland Baptist Church Council (NBCC) taken at all seriously by concerned stakeholders? Not really, if one has to go by the latest episode in this context.
Petitioners who had filed a writ petition against the Merangkong Village Council (Merangkong Medemsanger Putu Menden) in Gauhati High Court, Kohima Bench against what it termed as ‘undemocratic and unreasonable resolution’ of the village council dated January 30, 2017 to allow only the present serving MLA to contest the forthcoming elections scheduled in 2018 continue to be under intense threat and intimidation.
Merangkong village under Mokokchung district falls under the 21st Tuli Assembly Constituency. The present MLA of this constituency hails from the same village. The four petitioners, who also hail from the same village, had challenged in the High Court that the MVC resolution was in violation of the Representation of People’s Act 1951 and fundamental rights as enumerated under Article 19 of the Constitution of India.
However, after the MVC revoked its January 30, 2017 resolution, the Gauhati High Court, Kohima Bench on May 4, 2017 closed the petition since the case had become ‘infractuous’ and no longer required to be kept pending.
Once the Court disposed off the case, things got difficult for the four petitioners. The MVC summoned the petitioners on May 26 to the putu kilang, an apex customary and traditional forum/authority where “offenders and wrong doers are summoned for awarding punishment.”
Three applicants, Wapongtemjen, Temjenzulu and Lanuwapang did not respond to the summon; however the fourth petitioner, Lepzungchiba, who complied was allegedly imposed the traditional penalty of “fine of a pig” for filing the writ petition against the MVC.
With the three petitioners under intense threat; they again approached the High Court with another writ petition which was heard on May 30, 2017 wherein the Court directed the MVC (respondent) not to take any further coercive steps against the petitioners till the next returnable date.
But, defying the direction of the High Court, the petitioners, in a representation addressed to the Chief Secretary on August 23, claimed that the MVC on August 20, 2017 made a public announcement through PA system in the village that “those person who filed case in the Court against the village council would not be allowed to enter the jurisdiction of Merangkong village. Besides, no other candidate(s) will be allowed to campaign/canvas in Merangkong village jurisdiction except the candidates supported by the MVC.”
In this connection, the petitioners have sought the intervention of the Nagaland Chief Secretary to ensure a free and fair election in the 21st Tuli AC.
One of the petitioners, speaking to The Morung Express, reminded that voting is an individual choice and it cannot be bound by customary laws. He said MVC or the Merangkong Medemsanger Putu Menden has around 79 members which represent the different clans in the village. “But how can 79 members decide the fate of the 5574 individual voters which is under Merangkong village,” the petitioner questioned.
Besides, there is also the issue of women participation. According to Naga customary laws, women are not allowed to participate in the village council nor do they have any say in the decision making. They are also not allowed to attend the council meetings.
Against this backdrop, the petitioner, who requested anonymity, questioned the rationale that of only the men deciding for the women, when women make up half the total population. The petitioner added that men cannot simply assume ownership in deciding the fate of the women.
