The Supreme Court in the case People Union For Civil Liberties (PUCL) v. The State of Nagaland observed and has directed the Nagaland State Election Commission to notify local body elections and to place before the official notification by 14.03.2023.
The bench comprising of Justice S.K. Kaul, Justice Manoj Misra and Justice Aravind Kumar in the case was hearing a petition filed by the People’s Union for Civil Liberties and the women rights activist Rosemary Dvuchu wherein it is challenged the Nagaland Assembly’s resolution dated 22.09.2021 wherein the court exempted the operation of Part IXA of the Constitution of India, which mandates 33% reservation for women, in Town Councils and the Municipalities of the State.
The State of Nagaland in April 2022 informed the Apex Court that the State Government after holding of a consultative meeting which was being attended by all stakeholders who had resolved to implement 33% reservation for women in the local body elections.
It has been directed by the Apex Court on 29.07.2022 that the State Election Commission to complete the process of election by January 2023, it is being appeared before the court that it has not notified the election process yet. In January 2023, the affidavit has been filed by the State Election Commission wherein asking it to provide an election schedule. In response to which, the SEC notified two opinions for notifying the election programme.
The said bench was also informed by the Mr. KN Balgopal, the Advocate General for the State of Nagaland that the State has agreed to accept the first option and the State Election Commission can accordingly proceed with notifying the elections. It was also submitted before the court by Senior Advocate, Mr. Colin Gonsalves, appearing on behalf of PUCL that the State Government in its latest affidavit which is filed in February, 2023 wherein the court has resorted to the ground of violence and future violence to justify the delay which is caused in conducting the local body elections.
Therefore, the Advocate General also appraised the bench that the Eastern Nagaland People’s Organisation passed a resolution against participating in the legislative assembly elections until their demand for a separate State was being considered. It has also been submitted by him that the Central Government has now made it very clear that they will not accede to their demands and it has been agreed by ENPO to participate in the election process.
Accordingly, the bench in its order stated that it does not appreciate the State for delaying the election process, especially the one which includes the reservation for women and on the ground of anticipation of violence
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