Top Court schedules next hearing on 10 November
Mokokchung, 30 September (MTNews): The Nagaland government has informed the Supreme Court that a bill providing 33% reservation for women in urban local bodies has been introduced in the State Assembly, PTI reports. The bill was introduced on 12 September 2023 and has been referred to the Select Committee for further consideration.
The Nagaland government told the Supreme Court that the bill was introduced in consultation with the tribal heads of 16 major tribes and seven minor tribes, who have all agreed to the concept of one-third reservation for women, the report added. The advocate general of Nagaland told a bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia that the matter has been referred to the Select Committee.
“He [advocate general] further submits that the matter has been referred to the Select Committee, which would be able to shortly give its report and requests for a deferment after the first week of November 2023 by which time he is hopeful that the Legislative Assembly will pass the bill,” the bench noted in its 26 September 26.
The Supreme Court was hearing a petition filed by the Peoples Union for Civil Liberties and others, seeking 33% reservation for women in the local body elections.
In its order, the top court bench noted the advocate general had submitted that he would like to give a “blueprint and schedule of how the election will be carried out” after the bill is passed.
“[The] advocate general, on behalf of the state of Nagaland, submits that the bill has been introduced on September 12, 2023, the Nagaland Municipal Act, 2023, which provides for 33% reservation for women in terms of Article 243T in the urban local bodies,” the Supreme Court said.
The bench has posted the matter for further hearing on 10 November.
It may be mentioned here that the Supreme Court while hearing the matter earlier on 25 July had slammed both the Centre and the Nagaland government over non-implementation of the constitutional scheme of one-third reservation for women in ULB elections in Nagaland. The Supreme Court had clarified that it was not interfering with the customary laws of Nagaland.
“We may only state that the personal laws of Nagaland and even the special status under Article 371A(1) of the Constitution is not being touched in any manner. This is a state where education, economic participation and social status of women is one of the best,” it had said.
“Thus, our concern is as to why something as simple as giving them at least the one-third representation in municipal governance should not be welcomed and action should not be taken in that behalf,” the Supreme Court had said.
On 5 April, the Supreme Court stayed a 30 March notification cancelling elections to the urban local bodies in Nagaland till further orders. The ULB elections were scheduled for 16 May.
The Nagaland Assembly had passed a resolution on 28 March to repeal the municipal act in toto.
On March 30, the State Election Commission issued a notification cancelling the poll program notified earlier “till further orders” in view of the repeal of the Nagaland Municipal Act, 2001.
The petitioners moved an application before the Supreme Court against the cancellation of the elections and urged it to take contempt action for “disobeying” its earlier order.
Besides seeking quashing of the 30 March notification cancelling the election schedule issued by the State Election Commission, the application has also sought setting aside of the Nagaland Municipal (Repeal) Act, 2023.
The State Election Commission had earlier announced elections to the 39 urban local bodies in the State. Of the 39 urban local bodies, Kohima, Dimapur and Mokokchung have municipal councils while the remainder have town councils. Urban local body elections in the State have been long overdue with the last polls being held in 2004.