Supreme Court says Nagaland Govt conduct is "very sad" !!
Adv General of Nagaland: "We had to consider customary laws".
Supreme Court bench: "You are in breach. We gave you the longest rope".
The Supreme Court on Monday gave two weeks time to centre and the Nagaland government on the vexed contempt of court hearing vis-a-vis holding of elections to municipal bodies in Nagaland.
The Supreme Court had taken exception to the state government 'repealing' the law with regard ULB polls and considered it "breach of court".
On the request of Additional Solicitor General K M Nataraj, the Apex Court granted time and listed the matter for May 18. "ASG states Inter-ministerial discussions going on and seeks two weeks’ time to comply with our order. List on 18th May, 2023," the bench said.
ASG Nataraj made a plea for time stating, "We (central Government/Union of India) had to place our stand. Two departments are involved. Deliberation is going on."
"If some time can be given...," he requested.
Justice S K Kaul asked, by when the centre can file its response and then two weeks time was granted.
The Bench virtually pulled the state government counsel saying, "You are not showing any interest to implement the constitutional mandate. That is very sad".
"It is breach of faith given we have given you the longest of time," Justice Kaul stated.
The state government maintained while it was "ready to implement", tribal bodies announced that they would boycott the polls.
The Bench said, "You also have a political mandate".
Supreme Court says Nagaland Govt conduct is "very sad" : "You are in breach....."
Crucial hearing on 'breach' deferred for May 18 on Centre's request
New Delhi
The Supreme Court on Monday gave two weeks time to the centre and the Nagaland government on the vexed contempt of court hearing vis-a-vis holding of elections to municipal bodies.
The Supreme Court had taken exception to the state government 'repealing' the law with regard to ULB polls and considered it a "breach".
On the request of Additional Solicitor General, K M Nataraj, the Apex Court granted time and listed the
matter for May 18. "ASG states Inter-ministerial discussions are going on and seeks two weeks’ time to comply with our order. List on 18th May, 2023," the bench said.
ASG Nataraj made a plea for time stating, "We (central Government/Union of India) had to place our stand. Two departments are involved. Deliberation is going on."
"If some time can be given...," he requested.
Justice S K Kaul asked when the centre can file its response and then two weeks time was granted.
The Bench virtually pulled up the state government counsel saying, "You are not showing any interest to implement the constitutional mandate. That is very sad".
"It is a breach of faith given... we have given you the longest of time," Justice Kaul stated.
The state government maintained that while it was "ready to implement" the law, the tribal bodies announced that they would boycott the polls.
The Supreme Court had on April 17, Monday, issued notices to Nagaland Chief Minister, Neiphiu Rio, State
Chief Secretary and tribal leaders for repealing the Nagaland Municipal Act and violating a undertaking given
to the Court to roll out 33% reservation for women in local bodies after a gap of more than a decade, a report
in Hindustan Times stated.
The Nagaland Assembly had on March 29 repealed the 2001 law, leading to cancellation of municipal elections proposed to be held next month.
Prior to this, it had given an undertaking to the Supreme Court in a Public Interest Litigation (PIL)
proceeding by Peoples Union for Civil Liberties (PUCL) to abide by Part IXA of the Constitution that provides 33% reservation for women in municipal bodies.
During the May 1 hearing, the counsel for the state tried to make an explanation and said the state government had to "consider customary laws".
The Bench countered this stating, "You also have a political mandate" in reference to recently held assembly elections, and said the state government is in "breach".
On this backdrop the court said the ruling party NDPP led by Chief Minister Neiphiu Rio got the mandate in recent polls and it had "put up two women candidates" as well.
It lamented stating, "We gave you the longest rope". By implications, it means if women candidates could contest assembly polls, no such bar (with 33 percent quota) should be brought in for ULB governance and polls.
The state government maintained while it was "ready to implement", tribal bodies announced that they would
boycott the polls. The Bench felt the state government had the 'mandate' and thus the implications
that it could not shift responsibility or blame to others and instead must take a decision on its own on merits and
it had 'people's mandate' to do so.
The Supreme Court is hearing the matter on an application moved by PUCL informing the Court about the
attempt by the State to defeat the implementation of women’s reservation in the face of protests by
tribal groups.
The application by PUCL had sought contempt notices to be issued to the Chief Minister, Chief Secretary, State Election Commissioner and heads of tribal groups for not implementing Court’s order, media reports earlier said.
The Bench directed notices to be issued to all persons except the State Election Commissioner.
“What can the Election Commission do? They (State) have frustrated everything”, the Bench had said during
April 17 hearing.
Posting the matter to May 1, the Bench on April 17 had asked the Centre to respond whether the State was
justified to act in this manner when there is no justification under the Constitution.
“The Centre cannot let a part of a country, particularly in the process of assimilation, go against the
constitutional scheme....You will have to find a solution," the Bench has said.
The ULB polls issue vis-a-vis women has left the state in a flux as tribal bodies have opposed
holding of polls with the present arrangements.
The one time influential Naga Mothers' Association (NMA) also finds itself in a confrontationist stance against the tribal bodies as many of them have stated that the NMA is not a mandated body.
The alleged male chauvinism of Nagaland politics is a well known fact. In the 1990s during the Congress government an official resolution was passed by the Assembly opposing 33 percent quota for women in the state legislature. It is for the first time in 2023 that two Naga women have made it to the state assembly and incidentally both have achieved the feat as NDPP nominees.
ends
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