Supreme Court stays Nagaland government order cancelling Local Body polls scheduled to be held with 33 pc reservation for women

The top court of the country directed that the election schedule notified by the Commission should not be disturbed at any cost

The Supreme Court on Wednesday stayed the Nagaland government order that cancelled the Local Body polls, scheduled to be held in the state on May 16, with 33 percent reservation for women.

During the hearing, Senior Advocate Colin Gonsalves apprised the Apex Court that the Election Commission cancelled the local body elections with the consent of Chief Minister Neiphiu Rao, reported India Legal Live.

He said the Chief Minister took the decision saying that he was conducting the polls because of the Apex Court order, but the government will not go against the will of the people as three groups were opposing the elections, said India Legal Live report.

The Bench led by Justice Sanjay Kishan Kaul, while considering it as contempt of its previous order, issued notice to the state government, Election Commission and others, seeking their reply in the matter.

Recalling its March 14 judgment, the Apex Court noted that it had clearly stated that any endeavour to tinker with election would be in breach of the order of this Court.

It further issued notice to the Union of India in other prayers regarding the deployment of Central forces. 

The Counsel for the state government submitted that it was moving an application.

The top court of the country, while saying that this was not acceptable, stayed the government order passed by the State of Nagaland on March 30, cancelling the scheduled elections.

The Bench then listed the matter for further hearing on April 17. 

Earlier on March 14, the Nagaland State Election Commission had apprised the Apex Court that the local body elections in the state have been notified and were to take place on May 16. 

The top court of the country directed that the election schedule notified by the Commission should not be disturbed at any cost.

The Bench of Justice S.K. Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar had passed the order on a petition filed by the People’s Union for Civil Liberties (PUCL) and women rights activist Rosemary Dvuchu challenging the Nagaland Assembly’s resolution dated September 22, 2021 exempting operation of Part IXA of the Constitution, which mandated 33 percent reservation for women in Municipalities and Town Councils of the State.

In April, 2022, the state of Nagaland had informed the top court of the country that the state government after holding a consultative meeting attended by all stakeholders had resolved to implement 33 percent reservation for women in local body elections.

On July 29 last year, the top court of the country had directed the State Election Commission (SEC) to complete the election process by January 2023. However, the election process was notified. 

The State Election Commission had filed an affidavit in January 2023, stating that the State Government had asked it to provide an election schedule. In response, two options for notifying the election programme have been provided by the SEC.

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