ULBs in the din of Assembly elections

Amid the hullabaloo of the demand for solution to the Naga political problem before the imminent election to the Nagaland Legislative Assembly, it is interesting to note that there have been no recent reports on another election that the Supreme Court of India had slammed the Government of Nagaland for delaying it – the ULB elections. It may be recalled that the Supreme Court had last year on July 14 pulled up the Nagaland Government over the delay in notifying the elections in urban local bodies and directed the State Election Commission to inform it within two weeks about the complete schedule of the polls. The Supreme Court reprimanded the Nagaland government for delaying the implementation of 33% women’s reservation in local bodies for years which has, in turn, impacted the conduct of elections to urban local bodies in the State. Following this, on July 29, the Supreme Court issued directions to the Nagaland State Election Commission to complete the Urban Local Bodies (ULB) elections and declare results for the same by the end of January 2023. Reservation for women in the ULBs had in the past invited opposition from sections of the Naga society, who had contended that it was against their customary laws protected under Article 371(A) of the Constitution. It may be recalled that the State had even seen violence and loss of lives over the contentious issue in 2017 when the state Government decided to hold ULB elections.

It remains to be seen whether the Government of Nagaland will uphold the Supreme Court’s order of completing the ULB electioneering process by January. In all likelihood, it is not going to be completed although the process has started. On November 25 last year, Additional Deputy Commissioner & Electoral Registration Officer, Mokokchung, had informed that the Final Electoral Roll for 18 Wards of Mokokchung Municipality has been prepared in accordance with the Nagaland Municipal Election Rules, 2003, and is published on November 24, 2022. It was further informed that a copy of the e-roll is available for inspection at the Deputy Commissioner’s office, Mokokchung, Mokokchung Municipal Council office and all the 32 Polling Stations in the MMC jurisdiction.

Three urban civil society organizations – the Association of Kohima Municipal Ward Panchayat (AKMWP), All Ward Union Mokokchung Town (AWUMT) and the Dimapur Urban Council Chairmen Federation (DUCCF) – have been seeking amendment or reviewing of the Nagaland Municipal Act, 2001 with specific references to certain provisions and sections that infringes upon Article 371-A of the Constitution of India. Their latest representation submitted to the Government of Nagaland (on September 19, 2022), while demanding the amendment or review pointed certain provisions of the Nagaland Municipal Act, 2001 that infringe upon Article 371(A) which, quite notably, did not mention 33% reservation for women ULBs. We have been missing out on a lot of advantages owing to the lack of an elected ULB without a doubt. It will be interesting to see what the Supreme Court will do to Nagaland government now.