E-Paper
Nagaland civil organisations oppose ULB elections; Govt clarifies
The Supreme Court directed the Nagaland state election commission to complete the urban local bodies (ULB) election process by end of May 2023
Following the notification of the long-pending elections to the state’s civic bodies by the state election commission (SEC) last week, several civil organizations have expressed that they would not participate in the election scheduled on May 16 unless the state government amends the Nagaland Municipal Act 2001 on assertions that the Act infringes Article 371 A of the Constitution of India which grants special privileges to Nagas.
Taxation on land/building and 33 per cent reservation of seats for women in civic bodies in the state have been a contentious issue and elections to the urban local bodies (ULB) have not been conducted for 13 years. The state has three municipal and 36 town councils. The SCE’s announcement comes in the backdrop of the Supreme Court’s directive to the state election commission to complete the urban local bodies (ULB) election process by end of May 2023.
In the backdrop of the opposing voices, the state government on Saturday clarified that the Supreme Court has directed the state to hold the pending ULB elections without any further delay in accordance with the 74th amendment of the Constitution that stipulates 33% reservation for women. A statement issued by the state government’s principal secretary Himato Zhimomi said the provisions relating to the issue of tax on land and building have already been removed from the state Municipal Act by the 3rd amendment Act 2016 wherein all references and operative provisions relating to tax on land and buildings in the Act shall be deemed to have been omitted.
“In some quarters the request for replacement of the word ‘deleted’ in lieu of ‘omitted’ has been made. In this regard, it is clarified that as per the legal opinion, the words ‘omission, omitted and deleted’ have no difference but should be read as of the same meaning and character in content of the amendment issue in question,” the official stated.
On the contention that women should be nominated to ULBs with voting rights instead of 33% reservation for women in the wards, it was pointed out that the apex court in its judgment on February 22 last year categorically struck down the submission as “something naturally not acceptable”. As for reservations for women chairpersons of ULBs, the official stated that this was notified as per Section 23B of the Municipal Act as amended and rotation is based on alphabetical order of the ULBs to bring about fair-play.
He also maintained that the Supreme Court on March 14 this year directed that the poll schedule will not be disturbed and the election process be completed in terms of schedule. The next hearing on the matter in the apex court is scheduled on May 18 next to ensure that the ULB election process is completed. To this end, the state government requested all registered voters of the ULBs to “whole-heartedly” participate in the forthcoming civic polls on May 16.
Meanwhile, the Naga People’s Front (NPF) expressed serious concern on the ongoing tussle between the various organisations/civil societies and the present government over the conduct of ULB elections. “The Party is of the view that a broad based consultation is necessary with all the stakeholders (especially on taxation on land and properties) before election is conducted. Till such time a consensus is arrived at, the Municipal and Town Council Election which was notified by the government on 9th March 2023 may be kept on hold,” the party stated in a release on Saturday.
Recalling the massive protests in 2017, when government offices in Kohima were burned down, private residents of intending candidates were vandalised and two lives were lost when the civic polls were announced, the NPF stated that the government of the day ought to think twice before rushing to conduct the election.
