‘Completion of Urban Local Body Election Process by April 30’: Nagaland Govt to SC

The Nagaland government has informed the Supreme Court that the electoral process for urban local bodies in the state will be concluded by April 30, 2024.

In November, the Nagaland Assembly passed a bill reserving 33% of seats in urban local bodies for women. The last urban local body elections in the state took place in 2004.

A bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia acknowledged an affidavit submitted by the Nagaland chief secretary earlier this month, stating that the rules would be formulated within a month—before January 8. The court order, dated December 11, noted, ”An affidavit has been filed on behalf of the chief secretary of the state of Nagaland affirming that the Nagaland Municipal Act, 2023, was passed on November 9, 2023, by the Nagaland Legislative Assembly and was notified on the same day after receiving the assent of the governor.”

The order further stated, ”It is further stated that the rules will be framed within a month from the date of the affidavit, i.e., on or before January 8, 2024, and the election process will be completed by April 30, 2024.” The bench scheduled the matter for hearing on May 3.

The Supreme Court is currently considering a petition by the People’s Union for Civil Liberties and others, advocating for a 33% reservation for women in urban local bodies in Nagaland. The petitioners filed an application against the annulment of elections, urging the court to take contempt action against those responsible for ”disobeying” its March 14 order regarding the poll process. The bench noted in its December 11 order, ”Notice of contempt can be discharged on the next date as by that time elections will be over.”

In a hearing in July, the top court criticized both the Centre and the Nagaland government for the non-implementation of the constitutional scheme of one-third reservation for women in urban local bodies. The court had asked the Centre to clarify whether Nagaland could violate the constitutional quota for women in municipality and town council elections. The Nagaland assembly had earlier passed a resolution to repeal the municipal act and decided not to conduct elections for urban local bodies, following pressure from tribal organizations and civil society groups.

These organizations contended that Naga customary laws do not permit women to participate equally in political and socio-economic decision-making bodies. On March 30, the State Election Commission (SEC) of Nagaland issued a notification canceling the election program earlier notified ”till further orders” due to the repeal of the municipal act. However, the Supreme Court stayed the SEC notification on April 5.

In addition to seeking the annulment of the March 30 notification canceling the election schedule, the application by the petitioners also aims to overturn the Nagaland Municipal (Repeal) Act, 2023. Various Naga tribal bodies and civil society organizations opposed urban local body elections under the Nagaland Municipal Act, 2001, asserting that it encroached on the special rights for Nagaland guaranteed by Article 371-A of the Constitution. The 2001 act, later amended, mandated 33% reservation for women in urban local body elections, as directed by the Supreme Court.