Nagaland ULB polls: SC asks Centre to explain if constitutional scheme can be violated
Apr 17, 2023
New Delhi [India], April 17 : The Supreme Court on Monday asked the Centre to clarify whether the constitutional scheme of 1/3rd reservation for women in the election to Municipalities and Town Councils, can be violated by the process so adopted by the Nagaland Government.
A bench of Justices S K Kaul and Aravind Kumar's question came while hearing a matter related to Nagaland urban local body polls.
"We would like him to assist us (Additional Solicitor General) and place the stand of the Union of India on whether the constitutional scheme of 1/3rd reservation for Municipalities and Town Councils, in the opinion of the Central Government can be violated by the process so adopted by the Nagaland Government," the court said.
"We say so more in the context that in respect of the special provisions with respect of the State of Nagaland under Article 371A of the Constitution Of India, nothing has so far emerged to advance a plea that religious or social practices of Nagas or Naga Customary Law and Procedure denies the right of equality to women in so far as the participatory process is concerned in such elections," added the court.
Additional Solicitor General, who is present for the Union of India, submitted that so far as the only reason for which notice was issued was to provide the relevant central force to carry out the panchayat elections.
The court granted ASG two weeks' time to place their stand on record and listed the matter for May 1.
The top court on April 5 stayed the state poll panel's decision to cancel the election program of urban local body polls in Nagaland. On March 30, the State Election Commission issued a notification whereby it cancelled further orders on the election programme notified earlier in view of the repeal of the Nagaland Municipal Act 2001.
The ingenious method adopted to evade the undertaking given to this Court has been the repeal of the Nagaland Municipal Act, 2001 itself, the top court noted. There is hardly any hesitation on our part to note that what is sought to be done is in breach of the undertaking given to this Court, the top court noted.
