The state government's argument was "we cannot certainly go against the will of the people". Justice Kaul said, "But we had said that it will go ahead...How can they say something contrary to a judicial order?"
(Some political leaders including former ministers told 'Nagaland Page' that they would not like to comment anything on record as the matter is subjudice. But the common refrain was that inviting contempt proceedings from the Supreme Court is only a reflection of "bad governance, bad political judgement and gross inefficiency").
Supreme Court 'stays' cancelling local body polls, serves contempt notice
"How can they say something contrary to a judicial order?"
New Delhi
It's a mega embarrassment for the Neiphiu Rio-led NDPP-BJP dispensation in Nagaland which just got reinstalled with a convincing mandate after the keenly contested Feb 27 assembly polls. Now the state government faces Contempt notice from the Supreme Court and the matter has been next listed for April 17, 2023, a source said.
The two-judge bench seemed to have taken exception to the state Election Commission stating on March 30, 2023 that the elections would stand "cancelled" with the consent of the Chief Minister who found three groups opposing the election.
The Supreme Court on Wednesday, April 5, 2-23, stayed the Notification on cancellation of Nagaland local body polls and issued Contempt Notices to the state government and the state election commission.
In an interim order, the Court stayed the operation of the poll panel order dated March 30 cancelling the
civic body polls. “This is not acceptable. Please convey that we will not allow this," the bench of the
apex Court said.
Justice S K Kaul said, “But we had said that it will go ahead (with polls). How can they say something contrary to
a judicial order?”
The bench of Justice Kaul and Justice Ahsanuddin Amanullah maintained that at the request of the advocate general for the state government, K N Balagopal, directives were issued to the state election commission and the state to "make necessary arrangements to free and fair elections....Any authority/citizen is breach thereof would be in breach of orders of this court".
The civic body polls in Nagaland have been in controversies earlier too and even the Supreme Court had earlier questioned the lawyer of the state government whether they want to hold civic body polls with reservation to women in the year 2026.
"Twelve years have gone by ....when you want to hold civic polls in Nagaland, 2026," the Supreme Court had lamented on July 30, 2022 questioning the 'delay'. In 2017 the episode had snowballed into a major row and led to the violence and killing of two people.
The then Chief Minister T R Zeliang had to step aside for a brief spell too.
A section of Nagas had earlier opposed the quota for women saying it was against the Customary laws
which are guaranteed under Article 371(A) of the Constitution. In a landmark verdict, the Supreme Court on
July 29, directed the Nagaland State Election Commission to complete the elections of the local bodies and
municipalities and declare the results by the end of January 2023.
A Bench of Justices S K Kaul and M M Sundresh had ordered then - "We clearly put to them that the
election process has to be completed and the results declared before the end of January 2023".
The poll schedule has to be worked out accordingly, the Bench said. The apex court maintained categorically
that - "You cannot begin the election process after January".
When the counsel for the state, according to sources, had tried to assure - "We will hold elections….";
the bench ventilated its anguish and said, "When? In 2026?" .
However, due to elections things were allowed to be deferred and the state election panel had fixed May 16
for the polls.
According to sources, during Wednesday's (April 5) hearing, Justice Kaul said, "You are in breach of the order of the
court. So is the Election Commission. We will notice in contempt. We had said that it (the election) would not be postponed.”
The development is seen as a big embarrassment for the Rio-led NDPP-BJP regime which got a convincing
mandate and was reinstalled on March 7, 2023. The decision to repeal the relevant act vis-a-vis functioning of
municipal bodies and the elections were taken by the state government in its first session of the state assembly.
The apex court now has served Contempt notices to the state government and the state election
commission and to file their responses within a week's time.
"The order of this court dated 14.3.2023 is quite clear that any endeavour to tinker with the election would be
in the breach of the order of the court, either by the Election Commission or by the state government".
As soon as the court's orders went viral on social media and electronic media, some onlookers raised the question
-- Does the Nagaland Govt lack the basic knowledge that it has a constitutional obligation to abide by the directives
of the apex court of the land.
A major argument that would go against the stance of the government is that 'repealing the Act while notification
was already issued as per the Supreme Court directives' was a clear challenge to the authority of the court,
analysts say.
Some political leaders including former ministers told 'Nagaland Page' that they would not like to
comment anything on record as the matter is subjudice. But the common refrain was that
inviting contempt proceedings from the Supreme Court is only a reflection of "bad governance, bad political
judgement and gross inefficiency".
On March 14, 2023, in a petition challenging the Nagaland assembly resolution
dated Sept 22, 2021 exempting operation of Part IXA of the Constitution of India,
which mandates 33 percent reservation for women in municipal bodies, the state election
panel had told the apex court that the local body elections in Nagaland have been notified
and are to take place on May 16.
On March 28, the Nagaland Assembly resolved not to hold the elections to the urban local bodies.
The resolution was moved by Parliamentary Affairs Minister K G Kenye.
Several Naga tribal bodies and civil society organisations opposed holding the ULB election under the
Nagaland Municipal Act 2001, asserting that it infringes on the special rights for Nagaland guaranteed by
Article 371(A) of the Constitution.
Notably, the bench seemed to have taken exception to state Election Commission
stating on March 30, 2023 that the elections would stand "cancelled by a notification of
the Election Commission with the consent of the Chief Minister who found three groups
opposing the election".
The state government's argument was "we cannot certainly go against the will of the people".
Justice Kaul said, "But we had said that it will go ahead...How can they say something contrary to
a judicial order?"
ends
The matter is next listed on April 17, 2023
#SupremeCourt ....Stays Notification Cancelling #Nagaland Local Body Bolls; Issues #Contempt Notice To State, state election commission
“This is not acceptable. Please convey that we will not allow this.” -- says Supreme Court
Justice Kaul said, “But we had said that it will go ahead(with polls). How can they say something contrary to a judicial order?”
Displeased with the cancellation of the election in the teeth of Apex Court’s order, Justice Kaul reckoned, “But you are in breach of the order of the court. So is the Election Commission. We will notice in contempt. We had said that it (the election) would not be postponed.”
The development is big time embarrassment for the Rio-led NDPP-BJP regime which got a convincing mandate and got reinstalled on March 7, 2023. The decision to repeal the relevant act vis-a-vis functioning of municipal bodies and the elections was taken by the state government in its first session of the state assembly.
The apex court had last year directed the Nagaland state government and state election commission to hold local body polls but now Contempt notice has been issued and they have been directed to file their responses within a week's time.
"The order of this court dated 14.3.2023 is quite clear that any endeavour to tinker with the election would be in the breach of the order of the court, either by the Election Commission or by the state government".
As soon as the court's orders went viral on social media and electronic medium, some onlookers raised the question -- Does the Nagaland Govt lacks basic knowledge that it has constitutional obligation to abide by the directives of the apex court of the land.
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