The State Election Commissioner (SEC) has issued a clarification regarding the qualifications required for membership in municipal and town councils, specifically referencing Section 41 of the Nagaland Municipal Act 2023.
Section 41 states: “A person shall not be qualified to be chosen as a member unless he/she has attained the age of 21 years and his/her name is registered as an elector in the electoral roll for a ward.”
This clarification, according to the SEC, was prompted by a communication from Niuland Town Council, seeking guidance on whether a candidate registered as an elector in one ward can contest in another ward within the same municipality, even if they are not registered as a voter in that specific ward.
According to the clarification received from the government, as per letter NO.MAC-65/2016(PT-I) dated 16th March 2023, any person registered as an elector in one ward of a municipal or town council is eligible to contest in any other ward within the same municipality.
This means that a registered elector in any ward of a municipality can run for election in any other ward within that municipality, even if they are not registered as an elector in the ward where they intend to stand as a candidate.
However, it said that this provision must be read in conjunction with Rule 22 of the Nagaland Municipal Election Rules 2023, which stipulates that no person shall stand for election in more than one local authority or municipality.
Additionally, it may be noted that the nomination of a candidate in a particular Ward, if he/she is not disqualified for membership of the Municipality under the provisions of Section 42 of the Act, should be done by a proposer who is a registered elector in the Ward from where the nomination is presented, as provided for under Rule 23 (2) of the Nagaland Municipal Election Rules 2023.