With the repeal of the Nagaland Municipal Act 2001in toto by the Nagaland Legislative Assembly, the state government has called off the Urban Local Body elections indefinitely. It now depends on how quickly a law will be enacted to govern the civic polls after taking into consideration the grievances of all the interested parties and most specifically the tribal hohos and civil society organizations of Nagaland.


However, what is left in every layman’s mind now is a pertinent question – what about the Supreme Court’s directive?


Senior advocate Gauhati High Court Kohima Bench, CT Jamir explained that “the ULB election itself falls under the Nagaland Municipal Act 2001” and that laws are made for the public.


“But because the public did not want the law and since the government does not wish to have any confrontation with the public, the government has repealed it. So, now, until and unless a new act is passed, the election will not be held,” he added.


He went on to explain that when the Supreme Court wrote the directives, the NMA 2001 existed but now that the law has been repealed, the Supreme Court cannot ask why the law has been repealed because it is not in its jurisdiction.


And, therefore, even if the ULB election is not held, the State government will not face any contempt of court.


Reiterating his statement, Imkong Jamir, President of Mokokchung District Bar Association said that the Supreme Court will have ‘no say on the matter anymore’.


“Even if there was a Supreme Court directive in the first place, if there is no law, there is no election,” Jamir said on the repeal of NMA 2001.


“In case the state is not abiding by the law when there is a law, then the state might face contempt but now that there is no law, there will be no contempt of court,” he said.


Mokokchung Times

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