Kohima, 28 March (MTNews): The Nagaland Legislative Assembly on Tuesday has resolved to repeal the Nagaland Municipal Act 2001 in toto with immediate effect after the house passed a resolution which was moved by Power and Parliamentary Affairs Minister, KG Kenye.
The house also resolved that in order to govern the Urban Local Bodies, a law will be enacted expeditiously by taking into consideration the grievances of all the interested parties so that the elections could be conducted in accordance to law.
It is to be noted that several Naga tribal bodies and civil society organizations have been opposing the holding of the ULB election under the Nagaland Municipal Act (NMA) 2001, asserting that it infringes on the special rights for Nagaland guaranteed by Article 371A of the Constitution.
The resolution adopted by the Assembly on Tuesday said that it has “noted the stiff voices of opposition to the Urban Local Bodies Elections under the Nagaland Municipal Act, 2001 by the Tribal Bodies, Civil Society Organizations and every section of the society” and, therefore, the House has also taken note that the implementation of the Nagaland Municipal Act 2001 has always been “fraught with much controversy” due to the public perception that the Act runs contrary to the spirit of Article 371A.
“Unanimous Resolutions were passed by this House in the year 2012 exempting Nagaland from the provisions of Part IX A of the Constitution of India pertaining to 33% reservation for women in Municipalities and Town Councils. This said resolution, however, was revoked by another resolution in the year 2016 by this House,” it said.
It further recounted how in December 2016, the election program was notified by the State Election Commission for elections to the ULBs, wherein the date of poll was scheduled to be held on the 1st February, 2017.
“There was, as we are all aware, widespread agitation and bandhs declared all over the State by various Tribal Bodies/Hohos and organizations representing the various tribes of Nagaland. The Government was faced with a delicate law and order situation, where various government buildings were burned down and precious lives were also lost. The entire State machinery also came to a standstill for several weeks, as the organizations had called for closing down of all Government offices and banned plying of all Government vehicles during this period,” it added.
Therefore, considering the overall situation, it said that the Government had to declare the election process to the ULBs as null and void.
However, according to the house, on 9 March, 2022 a resolution was passed in the State Level Consultative Meeting wherein the various tribal bodies and other organizations were present in which it was resolved that the elections to the Urban Local Bodies (ULB) should be conducted as per the 74th Amendment Act of the Constitution of India.
“While the Government was gearing up for conducting the election, various tribal bodies and other organizations passed resolutions for overhauling the Nagaland Municipal Act 2001 so that it is in consonance with the provisions of Article 371A of the Constitution of India and till then boycotted/refused to participate in the Urban Local Bodies Elections,” the resolution stated.
Meanwhile, according to the house, the Supreme Court of India had already given directions to go ahead with the elections.
“The Government in the meanwhile received reports about the law and order situation which could worsen with the passage of time in the event the elections are held without making the demanded changes,” it said.
And, therefore, the Cabinet accordingly met on two occasions to resolve the impasse when it was made known that there will not be any participation in these elections owing to the boycott by all the Tribal Hohos and various organizations.
“The defining trait of law is its enforceability. If people are not willing to come forward to participate in the elections they cannot be compelled to do so. In these circumstances the Cabinet resolved to refer the matter to the Legislative Assembly for discussion,” it added.
The House deliberated on the matter and deemed that the Urban Local Bodies election cannot be conducted unless the NMA 2001 is repealed.
How NLA members deliberated
Advisor Imkong L Imchen, though was absent in the house on Tuesday told Mokokchung Times that the act can be repealed or amended by the State Assembly and that “on such a peculiar situation, in regard to this particular Act,” the Assembly has repealed the Act by correlating with Article 371A of the constitution.
He said this can be applied both to constitutional law as well as parliamentary law and that the state assembly has the constitutional mandate to repeal or amend the NMA 2001.
Speaking on whether the ULB election will be held or not, he said it is now in the State Cabinet’s domain and, therefore, will have to wait and see what the State Cabinet decides.
Minister, Power and Parliamentary Affairs, KG Kenye who initiated the discussion pertaining to the Urban Local Bodies remarked that the ULB issue is an ongoing issue confronting the Nagas for three decades and basing on Article 371A, he said that it will be best to have “our own system” to regulate in line with the Act. He further said that women in Naga society are regarded as peacemakers in the society and privileges are accorded to them and, therefore, reservations impact the Naga social practices.
Citing example of how the Ministry of Rural Development have allowed the local bodies to go hand in hand with its laws and the Naga customary practices and systems, he opined that liberty should be allowed with the Urban Local Bodies as well and suggested that an Act should be framed by the Nagaland Government in “our own system.”
Deputy Chief Minister Y Patton said it was on the wrong footing while passing the Nagaland Municipal Act 2001. Highlighting the whole scenario in chronological order on the proposed ULB elections, starting from the civil society’s disagreement to 33% women reservation to tax on land and buildings to the law and order situation, he supported the move to repeal Nagaland Municipal Act, 2001.
MLA, Kuzholuzo Nienu highlighted the 2017 ULB election imbroglio and supported the repeal of Nagaland Municipal Act, 2001 and called for enactment of an Act in consonance with the Naga customary and social practices.
MLA Namri Nchang; Advisor Kropol Vitsu; Advisor Tribal Affairs, H Tovihoto Ayemi; Advisor Land Resources, G Ikuto Zhimomi; MLAs Nuklutoshi, Naiba Konyak, Limaonen Chang, Jwenga Seb, Dr Neisatuo Mero, P Longan on behalf of MLA Namri Nchang also spoke and shared their desire for repeal of the Nagaland Municipal Act, 2001.
CM Neiphiu Rio highlighted the series of events that had happened with regard to the conduct of ULB election and realizing that there is stiff opposition from various sections of the society, called for consideration for repeal of the Nagaland Municipal Act, 2001 in toto and move expeditiously for making a new Act. He said the new Act should keep in mind the special privileges of the people of Nagaland in terms of Article 371(A) of the Constitution.