Nagaland Local Body Polls With Women Reservation To Take Place On May 16 : State Election Commission Tells Supreme Court

A Bench comprising Justice S.K. Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar was hearing 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 of India, which mandates 33% reservation for women, in Municipalities and Town Councils of the State.

In April, 2022, the State of Nagaland had informed the Apex Court that the State Government after holding a consultative meeting attended by all stakeholders had resolved to implement 33% reservation for women in local body elections.

Thereafter, on 29th July, 2022, the Apex Court had directed the State Election Commission (SEC) to complete the election process by January, 2023. However, the election process was notified. As per an affidavit filed by the State Election Commission, in January, 2023, 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. On the last occasion the Bench had directed the State Election Commission to notify local body elections at the earliest and place before it the official notification by 14th March, 2023. Accordingly, the election was notified by the Commission on 9th March, 2023. The Counsel for the State Election Commission informed the Bench that the Model Code of Conduct has come into force.

Advocate General for the State of Nagaland, Mr. KN Balgopal beseeched the Bench to pass orders to ensure that no organization or individual can obstruct others from voting; impeding the mandate of free and fair elections. He submitted that from past experiences it has been observed that such obstructions are common. Considering the same, the Bench directed -

“The State Election Commission and the State are to make necessary arrangements to ensure free and fair elections…Any authority/citizen in breach thereof would be in breach of orders of this Court.”

In conclusion, with respect to women’s participation in elections, Justice Kaul reckoned -

“Society is egalitarian in many ways, but some of these issues regarding gender still remain a sensitive issue…”

Senior Advocate, Mr. Colin Gonsalves remarked that it was not the society, but the inaction on the part of the Government that is to be faulted.

However, Justice Kaul opined that women have to also take initiative and contest elections.

“How many women contested? 4 contested, 2 got elected. Women also have to come up and contest elections. That is the problem. But, for the first time a woman Cabinet member in the State.”

The matter has been listed for direction on 18th May, 2023.

[Case Title: People Union For Civil Liberties (PUCL) v. The State of Nagaland| Civil Appeal No.3607/2016]