NEW DELHI, 6 May: The Centre has told the Supreme Court that it is in the process of holding discussions on the validity of Nagaland’s decision to repeal the Municipal Act to circumvent one-third reservation for women in urban local body polls, and asked the court for a fortnight’s grant before it could make its stand clear on the matter.
The apex court had earlier asked the Centre to give its stand on whether the constitutional scheme of one-third reservation for women in municipalities and town councils can be violated by the state of Nagaland, where the assembly had passed a resolution to repeal the Municipal Act and resolved not to hold elections to the civic polls.
Additional Solicitor General (ASG) KM Nataraj, appearing for the Centre, sought two weeks’ time from a bench of Justices SK Kaul and Aravind Kumar to comply with the apex court’s 17 April order.
“ASG submits that there are inter-ministerial discussions in pursuance to our order dated 17 April, 2023 and seeks two weeks’ more time to comply with our order. List on 18 May,” the bench said in its order passed on 1 May.
The top court had on 5 April stayed the 30 March notification cancelling till further orders the election to the ULBs in Nagaland which were scheduled for 16 May after almost two decades.
Following pressure from tribal organisations and civil society groups, the Nagaland assembly had passed a resolution to repeal the Municipal Act and resolved not to hold the elections.
On 30 March, the state election commission (SEC) had issued a notification cancelling the election programme notified earlier “till further orders” in view of the repeal of the Act.
The apex court is hearing a petition seeking 33 percent reservation for women in the elections to the local bodies in the state.
In its 17 April order, the top court had noted that the “ingenious method” adopted to evade the undertaking given to the court earlier about holding the election has been the repeal of the Nagaland Municipal Act, 2001.
“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 bench had said.
“We would like him (ASG representing the Centre) to assist us and place the stand of the union of India whether the constitutional scheme of one-third 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,” it had said.
The bench had on 17 April granted two weeks’ time to the ASG to place the Centre’s stand on record. It had also observed that, in respect of the special provisions granted to Nagaland under Article 371 A of the Constitution, nothing has so far emerged to advance a plea that religious or social practices of the Nagas or Naga customary law and procedure denies the right of equality to women insofar as the participatory process is concerned in such elections.
The apex court had in its 14 March order noted the SEC counsel’s submission that the elections would be held on 16 May.
The petitioners have moved an application before the top court through advocate Satya Mitra against the cancellation of the elections and urged it to take contempt action for “disobeying” the 14 March order.
Besides seeking quashing of the 30 March notification issued by the SEC, cancelling the election programme, the application has also sought setting aside of the Nagaland Municipal (Repeal) Act, 2023.
The SEC had earlier announced elections to the 39 ULBs in the state. Of the 39 ULBs, Kohima, Dimapur and Mokokchung have municipal councils, while the rest are town councils.
Several Naga tribal bodies and civil society organisations had opposed the ULB election under the Nagaland Municipal Act, 2001, asserting it infringes the special rights for Nagaland guaranteed by Article 371 A of the Constitution.
The 2001 Act, which was amended later, made 33 percent reservation of seats for women mandatory for holding the ULB elections, as directed by the Supreme Court.
ULB elections in the state have been long overdue with the last polls held in 2004. (PTI)