Upholds voting rights for ex-officio members, quashes appointment of 3 nominated members in CTC
Morung Express News
August 28
DIMAPUR: In a landmark judgment the Kohima Bench of the Guwahati High Court has ruled that it is not permissible either for the State Government nor the Legislative Assembly to allow any nominated member to cast vote in any meetings of the Municipality or Town Council including such meetings, which may be held to elect the Chairperson or the Deputy Chairperson. Taking cognizance of Article 243 of the Constitution the court clearly stated that a nominated member shall have no right to vote in the meetings of the municipality.
This latest ruling by the Guwahati High Court was in response to a writ petition filed by six elected Members of the Chumukedima Town Council (CTC) who in their petition had stated that section 12 of the Nagaland Municipal Council Act, 2001, did not permit the nominated and ex-officio members to cast vote in the elections held for the offices of the Chairperson and the Deputy Chairperson of the Municipal/Town Council. The petitioners as such had stated that a ‘wireless telegraphic message’ in the form of an official notification issued on January 3, 2005 by the government directing that even nominated members be allowed to vote was lawfully not sustainable.
The court has however ruled that an ex-officio member (usually the MLA of the area) would continue to enjoy the right to vote thereby allowing the person the right to participate in the election of the Municipal or Town Council for the purpose of electing the Chairperson and his Deputy.
Based on the above observation the court has quashed the State government notification dated January 3, 2005 giving nominated members voting rights.
It may be mentioned that the Governor of Nagaland Shyamal Datta had returned the Nagaland Municipal (First Amendment) Bill, 2005 back to the Nagaland Legislative Assembly (NLA) recently on August 12 with the ‘request’ that the House reconsider framing of the Bill in a way that fulfilled the requirements laid down under Articles 243-R of the Constitution relating to the voting rights of nominated members.
“Nominated members cannot have the power to vote as laid down in Article 243-R of the Constitution”, the Governor had noted. The recent court ruling in effect upheld the position taken by the Governor.
Meanwhile ruling on the same petition, the court also quashed the government’s appointment of three nominated members to the CTC on the ground that they did not fulfill the basic criteria required under Section 21 (4) of the Nagaland Municipal Act. According to this clause the government could nominate only such persons having special knowledge or experience in Municipal administration. As per documents available with The Morung Express, one of the persons nominated by the government is a retired driver under a police project, government of Nagaland. The other two include a former Chairman of the Chumukedima Village Council and a retired Havildar of the Nagaland Armed Police. The court observed that such persons could not be nominated as per the strict provisions of the Municipal Act for they had no knowledge or experience in Municipal administration. Taking exception to the government’s assertion in their affidavit that it was not necessary for a person to have special knowledge or experience, the court observed that this ‘mandatory’ criterion appeared to have been completely lost sight of by the government in appointing the three nominated members and ruled that the argument given by the government could not be sustained.
The court has however refrained from passing any orders interfering with the latest election to the two posts of Chairperson and Deputy Chairperson as this had not been challenged by way of any writ petition.
It may be mentioned that respondents to the writ petition filed by some of the CTC members included the Chief Secretary, DC, Dimapur, Industries & Commerce Minister HK Zhimomi and Home Commissioner.
