Stance to abstain from ULB election legitimate and constitutional: ENPO

Participants during a public rally organised by the Eastern Nagaland Peoples’ Organisation (ENPO) at Parade Ground in Tuensang town on February 9. (Morung File Photo)

TUENSANG, FRIDAY 7 (MExN): The Eastern Nagaland Peoples’ Organization (ENPO) has responded to the show cause notice issued by the State Election Commission, Nagaland with regard to the collective abstention in the upcoming Urban Local Bodies (ULB) election. 

The apex organization of the Eastern Nagaland also sought to address the purported undue influence that it is being alleged to have exerted on the electorate’s freedom to participate in these elections. 

In its justification, ENPO president, R Tsapikiu Sangtam asserted that the actions and statements made by the ENPO in no way intended to infringe upon or interfere with the individual rights of the electorate, nor to contravene any legal or constitutional provisions governing the conduct of elections. 

“The stance taken by ENPO, as articulated in our public statements, is rooted in a deeply felt conviction regarding the context of the demand for the creation of ‘Frontier Nagaland Territory’ in the state of Nagaland and is an exercise of our democratic right to free speech and assembly, as guaranteed under Article 19 of the Constitution of India,” it maintained. 

It highlighted that the ENPO’s stance is not only a reflection of the collective will and sentiment of the Eastern Naga people that ENPO represents but also a legitimate form of expressing Eastern Naga people’s concerns and demands within the democratic framework of the nation. 

It maintained that the decision to vote or abstain from voting is a personal one, and “our public declarations are intended to inform and encourage a collective expression of our aspirations regarding our collective demand for FNT without imposing any undue influence on the individual voter.” 

Asserting that it advocated for the rights and interest of the people of Eastern Nagaland in a peaceful and democratic manner and in doing so exercised its constitutional rights responsibly and respectfully, the ENPO urged the SEC to understand their perspective within the broader context of the democratic society. 

The ENPO also pointed out that it had officially communicated to the State Election Commissioner on May 15 regarding the decision to abstain from participating in the upcoming ULB elections scheduled for June 26, 2024. 

It reminded that the decision emanates from their commitment to the ‘Chenmoho Resolution’ of February 23, 2024 not to participate in any central or state election due to the prolonged delay in the creation of the FNT. This commitment was assured by the Ministry of Home Affairs on December 7, 2023, it said. 

It, meanwhile, accused the State Government of deliberately delaying in providing comments on the highlights of the draft Memorandum of Settlement for the creation of the FNT, which were supposed to be submitted before December 31, 2023, as per the directions of the MHA, GoI. 

The ENPO also maintained that it does not possess any mechanism to enforce its resolution or orders. “The organization operates solely on the basis of voluntary participation and consensus among the people of Eastern Nagaland. All actions and declaration made by the ENPO are driven by collective will and mutual agreement, rather than any form of coercion or enforcement capability,” it claimed. 

The ENPO also underscored that the right to vote also encompasses the right not to vote, an essential facet of democratic freedom. It cited that the Supreme Court of India, in various judgments, has upheld the right to not vote as an extension of the freedom of expression, thereby affirming that choosing not to participate in an electoral process is a legitimate as well as constitutional form of expressing dissent. 

“This judicial recognition highlights that abstention, when conducted freely and voluntarily, is an integral component of democratic engagement, offering citizens a means to voice their dissatisfaction or disproval with the choices presented to them.”

In this light, the ENPO said its appeal to its members and the general public to abstain from the ULB election should be viewed as a exercise of this right and therefore “nothing but an individual as well as collective decision of Eastern Naga people to engage in a collective act of constitutional protest in the spirit of the Constitution of India, reflecting a deep-seated and principled stand rather than coercion. 

The ENPO also pointed out that its decision to abstain from participating in the ULB election has no connection with the Supreme Court’s order which revolved around the implementation of one third reservation quota for women.

It, therefore, asserted that the accusations leveled against the ENPO regarding purported undue influence and interference with the electoral process lacks substantiation and are fundamentally unfounded. 

“We earnestly implore the State Election Commission, Nagaland, to approach our response with a disposition conducive to constructive democratic engagement, recognizing and respecting our inherent right to engage in peaceful constitutional protest as an integral aspect of democratic discourse and civil participation,” the ENPO stated. 

 



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