Supreme Court Puts On Hold Order Cancelling Nagaland Local Body Polls

The Nagaland government's decision to indefinitely cancel the election to 36 town councils and three municipal councils, due on May 16, was put on hold by the Supreme Court on Wednesday. The court strongly criticised the state government and the state Election Commission for violating its previous order and issued notices to both.

On March 14, the court had directed that the election process be completed according to the schedule and 33 per cent reservation for women be implemented.

But the election was cancelled after the state assembly - following pressure from tribal groups and civil society -- passed a resolution on March 28 to repeal the Municipal Act, 2001. The Act had made 33 per cent reservation of seats for women mandatory in Urban Local Bodies, as directed by the Supreme Court.

On March 30, the State Election Commission issued a notification cancelling the election programme "till further orders".

The move was seen as a setback to the government initiative to hold elections to local bodies in Nagaland. There was also concern that it might affect the reservation for women in civic polls. In the recently held Nagaland Assembly elections, two women were elected - a first in the state.

A petition was filed in the top court against the cancellation of the elections by People's Union for Civil Liberties ( PUCL). It also sought that the court take contempt action as its March 14 order was disobeyed.

The tribal organisations and civil society groups had demanded that elections be held only after amending the Nagaland Municipal Act, 2001. They contended that it infringed upon Article 371(A) of the Constitution which gives special rights to Nagas on their lands and its resources, and safeguards their customs and traditions.

Traditional tribal bodies threatened to boycott the civic polls unless the government guaranteed that reservation of 33 per cent seats would not violate the provisions of Article 371(A).

The Election Commission had earlier issued notification for elections to three municipal councils and 36 town councils on May 16 with 33 per cent reservation for women.