The Supreme Court has on Monday directed the Nagaland State Election Commission to notify urban local body (ULB) elections and place before it the official notification by 14 March, 2023.
A Bench comprising Justice SK Kaul, Justice Manoj Misra and Justice Aravind Kumar was hearing a petition filed by the People’s Union for Civil Liberties (PUCL) and women rights activist Rosemary Dzuvichu challenging the Nagaland Assembly’s resolution dated September 22, 2021 exempting operation of Part IXA of the Constitution of India, which mandates 33% reservation for women in Municipalities and Town Councils of the State, a livelaw.in report said.
According to the legal news portal, in April 2022, the State of Nagaland had informed the Apex Court that the State Government after holding a consultative meeting attended by all stakeholders had resolved to implement 33% reservation for women in local body elections.
Thereafter, on 29 July 2022, the Apex Court had directed the State Election Commission (SEC) to complete the election process by January 2023. However, it appears that the election process has not been notified yet, livelaw.in reported. It also said that, as per an affidavit filed by the State Election Commission, in January 2023, the State Government had asked it to provide an election schedule. In response, two options for notifying the election have been provided by the SEC.
“On Monday, the Bench was informed by the Advocate General for the State of Nagaland, KN Balgopal that the State has agreed to accept the first option and the State Election Commission can accordingly proceed with notifying the elections,” it reported.
“We have perused the affidavit filed by the State of Nagaland pointing out some resistance to the legislative Assembly elections … which issue has been sorted out. We, however, do not appreciate the stand sought to be taken in para 5 where a picture is sought to be painted of threat of violence. Local elections with reservations of women cannot be postponed under such threats. The elections have to be held,” the bench was quoted as saying.
“List for directions on 14th March, 2023 by which date the Election Commission is to place on record the official notification,” the bench ruled.