Nagaland Local Body Election: SC Issues Contempt Notice To State Govt And SEC

The Supreme Court on Wednesday issued notice to Nagaland Government and State Election Commission (SEC) in a contempt petition alleging non-compliance with its order directing to hold local body elections in Nagaland.

A bench of Justice SK Kaul and Justice Ahsanuddin Amanullah ordered,

“The order of this court dated 14.03.2023 is quite clear that any attempt to tamper with the election, whether by the Election Commission or the State Government, would be in violation of the order of the court.”

All prayers, including the one requesting the deployment of Central forces, were given notice by the bench. The Union Government was served with notice in response to the aforementioned prayer. In the meantime, the bench stayed the operation of the order dated 30.03.2023, issued by the Election Commission cancelling the election programme.

Dissatisfied with the non-compliance with its March 14, 2023 order, Justice Kaul told the Counsel representing the State of Nagaland, “This is not acceptable.” Please convey that this will not be tolerated.”

The Nagaland State Election Commission informed the Apex Court on March 14, 2023, in a petition challenging the Nagaland Assembly’s resolution dated September 22, 2021 exempting the operation of Part IXA of the Indian Constitution, which requires 33% reservation for women in Municipalities and Town Councils of the State, that the local body elections in the State have been notified and are to take place on May 16, 2023.

As a result, the Court had ordered that the Commission’s notification of the election schedule should not be changed under any circumstances. The State Election Commission and the State are to make necessary arrangements to ensure free and fair elections, the Bench had ordered at the request of Mr. KN Balgopal, the Advocate General for the State of Nagaland. Any authority or citizen who violates this would be in violation of the court’s orders.

The State Government had informed the Apex Court in April 2022 that it had decided to implement 33% reservation for women in local body elections following a consultative meeting attended by all stakeholders.

The State Election Commission (SEC) was then ordered by the Top Court to finish the election process by January 2023 on July 29, 2022. But notice of the election process was given. According to an affidavit submitted by the State Election Commission, the State Government requested an election schedule from it in January 2023. The State Election Commission has responded by offering two options for notifying the election schedule.

The Bench had directed the State Election Commission to notify local body elections as soon as possible and to place the official notification before it by March 14, 2023. As a result, on March 9, 2023, the Commission announced that the elections would be held on May 16, 2023.

Mr. Colin Gonsalves, Senior Advocate appearing for the petitioner (PUCL), mentioned the contempt petition before the Bench on Wednesday. He informed it that the election, which was being held in accordance with the Supreme Court’s orders, had been cancelled by a notification issued by the Election Commission on March 30, 2023. He stated,

“The Nagaland elections are cancelled by a notification of the Election Commission with the consent of the Chief Minister who found three groups opposing the election…He said that ‘we cannot certainly go against the will of the people’”.

“But we had said that it would go ahead,” Justice Kaul said. “How can they say something that goes against a court order?”

The State’s Counsel informed the Bench that the State of Nagaland will file an application in this regard.

Dissatisfied with the cancellation of the election despite the Top Court’s order, Justice Kaul reasoned, “But you are in breach of the court’s order.” The Election Commission is as well. We will notice in contempt.  We stated that the election would not be postponed.”

Therefore, the bench directed the State and the SEC to submit their responses within a week and listed the matter for further hearing on 17^th April, 2023.