SC calls the method of repeal of NMA 2001 ‘ingenious’

Mokokchung, 18 April (MTNews): The Supreme Court observed that an “ingenious method” has been adopted to evade holding of the elections by repealing the Nagaland Municipal Act 2001 and asked the Centre to clarify whether the constitutional scheme of one-third reservation for women in municipality and town council elections can be violated by Nagaland.

“We would like the ASG for the Union of India to assist us and put on record the stand of the Union of India on whether the constitutional mandate of one-third reservation in the municipality and town council elections, in the opinion of the central government, can be violated by Nagaland…,” a bench of Justices SK Kaul and Aravind Kumar said.

It noted that in context of Article 371-A of the Constitution, which pertains to special provision with respect to the state of Nagaland, nothing has so far emerged before it to show that religious or social practices of the Nagas and the Naga customary law and procedure deny the right of equality to women so far as participation in the electoral process is concerned.

The bench gave two weeks to the Additional Solicitor General (ASG) KM Nataraj, who was appearing for the Centre, to place the Centre’s response on record.

“We have nothing personal but we are telling you it cannot be done. You cannot let a part of the country evade the constitutional scheme,” the bench told Nataraj.

It may be recalled that the top court had on 5 April stayed the 30 March notification cancelling till further orders the election to the ULBs in Nagaland which were scheduled for 16 May after almost two decades.

Following pressure from tribal organizations and civil society groups, the Nagaland assembly had passed a resolution to repeal the municipal act and resolved not to hold the elections. On 30 March, the State Election Commission (SEC) had issued a notification cancelling the election program notified earlier “till further orders” in view of the repeal of the Nagaland Municipal Act 2001.

The apex court is hearing a petition seeking 33 per cent reservation for women in the elections to the local bodies in the state.

The petitioners have moved an application before the top court through advocate Satya Mitra against the cancellation of the elections and urged it to take contempt action for “disobeying” the 14 March order. Besides seeking quashing of the 30 March notification issued by the SEC cancelling the election program, the application has also sought setting aside of the Nagaland Municipal (Repeal) Act, 2023.

When Senior advocate Colin Gonsalves, appearing for the petitioners, said the municipal act has been repealed, the bench asked, “What is the stand of the Union of India?” The ASG said the only reason a notice was issued to the Centre was for ensuring that adequate central forces are sent to the state for elections.

The apex court had noted in its 14 March order that the SEC counsel had submitted the elections will be held on 16 May. It had directed the schedule shall not be disturbed now and the election process completed in terms of the schedule.

It is an issue of women empowerment: SC observed

When the counsel appearing for the state on Monday narrated how several groups have called for a boycott of the elections and that in such a scenario, the purpose of holding the polls would be lost, the SC said, “But we gave you a very, very long rope…. You seem to say this is not a men and women issue but to us it appears to be a men and women issue. For how long will this section of society (women) wait?” the bench asked.

It said women empowerment comes by education and also political participation.

“Every society had a period of time where there was male domination,” the bench observed, adding, “If sometimes, the political dispensation does not do anything, then it needs a push from the judiciary.”

When the state’s counsel raised apprehension about violence in the polls, the bench remarked, “For 18 years, you have not been able to do it (conduct elections to ULBs). For every election, due to the threat of violence, the elections should not happen?”

The state’s counsel said they want to have a consensus and find a solution to this issue expeditiously.

“Eighteen years are not long enough for you? How can the court countenance a situation that despite the longest rope being given, every time it happens,” the apex court observed, adding, “You cannot keep everyone happy.”

“Frankly, to my mind, it is an issue of women empowerment,” Justice Kaul observed.

When the state’s counsel contended the government is not against reservation, the bench said, “Actually the state did not want quota for women and so it was repeatedly coming up with one issue or the other to stall the elections.”