Supreme Court closes contempt proceedings against Nagaland after successful local body polls

The Supreme Court on Tuesday closed the contempt of court proceedings against the State of Nagaland following its successful conduct of local body elections with 33 percent reservation for women. This landmark event saw a record number of women participating and winning in the elections, which were held on June 26 after a 20-year gap.

A Bench comprising Justices Surya Kant and Ujjal Bhuyan lauded the State’s efforts. “The affidavit of the Chief Secretary indicates a record number of 198 women candidates participating, out of which 103 have been elected. It is rightly submitted that the election process has been completed successfully. The civil appeal is disposed of for being infructuous. Contempt proceedings and rule are discharged,” the Court’s order stated, as reported by Bar and Bench.

The Supreme Court had previously directed Nagaland to hold local body polls with 33 percent of seats reserved for women, a mandate that had been ignored for years. In July last year, the Court reiterated the necessity of implementing these constitutional provisions, criticizing both State and Central governments for their inaction despite being part of the ruling National Democratic Alliance.

The protracted legal battle saw the matter being overseen by Justice Sanjay Kishan Kaul until his retirement in December 2023. On April 17 of the previous year, the Court sought responses from Nagaland Chief Minister Neiphiu Rio and the State’s Chief Secretary in a contempt application filed by activist Rosemary Dzuvichu and the People’s Union for Civil Liberties (PUCL).

The journey to the polls was fraught with challenges. The Nagaland government’s decision to cancel the elections had been stayed by the Supreme Court, which was responding to a petition challenging a 2012 Nagaland State Assembly resolution exempting the State from Part IX-A of the Constitution. Although this resolution was withdrawn in 2016, the mandated reservation was not implemented until recently.

In April 2022, the Supreme Court issued a final warning to the Nagaland government to comply with the reservation mandate. Despite initial plans to hold elections on May 16 last year, the notification was cancelled due to opposition from some tribal pressure groups. The Court’s bench questioned how granting reservation to women would affect customary rights of the Naga community, with Justice Kaul emphasizing that no State should be exempt from the constitutional scheme.

The case saw various prominent legal figures, including Nagaland Advocate General KN Balagopal, Additional Solicitor General KM Nataraj for the Union of India, and Senior Advocate Colin Gonsalves for PUCL. Advocates Sriram Parakkat and Mohamed Sadique TA represented the Central Nagaland Women Association, which opposed the reservation, Bar and Bench reported.

MTNews Desk