Thomas Ngullie, MLA
1. The State Cabinet has decided to conduct elections to Municipal and Town Councils as announced by Chief Minister, Mr. T.R. Zeliang. He has stated that the State will benefit by getting funds from the Centre if we conduct elections and also that the legal fees to oppose the women’s reservation case in Supreme Court is too expensive (10.10.2016-Nagaland Post). It may be noted that during the term of Mr. T.R. Zeliang’s tenure, the matter has come for hearing only once while it had come for hearing on 15 occasions prior to his chief ministership.
2. The case of women’s reservations which is being contested in the Supreme Court has come up for hearing and the Honorable Supreme Court was pleased to grant leave to appeal in the pending case and also stayed judgment passed by the Decision bench of the High Court. There was no court order or directive to conduct municipal elections with implementation of women’s reservations. Rather Ms. Rosemary Dzuvichu had written a letter to the Chief Minister in this regard, after which the Cabinet took the decision to conduct municipal elections and implement women’s reservations.
3. The actions of the Chief Minister and his decisions are completely illegal, in contravention of law and against the will and desire of the Naga people. It is a betrayal of the Naga’s mandate and a sellout of Article 371(A) of the Constitution of India which gives special protection to the State of Nagaland.
To understand the reality of the Chief Minister’s blunder, hereunder is the facts of the matter and the sequence of events:-
4. The Nagaland Municipal Bill, 2001 was passed on 25th September, 2001 during the 10th Session of the Nagaland Legislative Assembly (NLA).
5. The Act was amended on 24th August, 2006 during the 12th Session of the 10th Assembly whereby section 23A was INSERT IGNOREed in the existing section which provided for 33% reservation of seats for women in municipal and town councils. However municipal elections to Mokokchung could not be held due to opposition from the tribal hohos especially the Ao Senden.
6. On 16th December 2009, the State Cabinet decided to indefinitely postpone the municipal and town council elections due to the delicate situation on the state in view of the ongoing peace process and the representations of the Naga Hoho and the ENPO, GBs and tribal hohos.
7. On 21st October 2011, the Honorable High Court quashed the Cabinet decision and ruled in favour of conducting municipal and town council elections before the end of January, 2012. However due to the time limit prescribed for conducting elections, the High Court extended the time for conducting elections upto 30th April, 2012. In compliance to the court directive, the State Government notified conduct of municipal and town council elections in a notification dated 14th March, 2012.
8. The Nagaland Government received several representations from civil societies, tribal organisations, Hohos, NGOs, etc opposing the implementation of 33 percent reservation for women in municipal and civic bodies as under:-
a) Gaon Buras & various organisations of Kiphire town memorandum dated 07.03.2012 addressed to Chief Secretary opposed to women’s reservation.
b) The Goan Bura Union Jalukie Town submitted resolution to Department of Urban Development appealing to revoke women’s reservations on 13.03.2012.
c) The Sumi Hoho representation addressed to Chief Minister dated 13.03.2012 urging the government to amend/review women’s reservation.
d) The Kohima Village Council in its letter dated 14.03.2012 addressed to Chief Minister demanded for revocation of 33 percent reservation.
e) The Naga Hoho and Eastern Naga Public Organisation (ENPO) by joint representation dated 16.03.2012 addressed to Chief Minister urged the government to to initiate necessary amendment 33 percent reservation. The Naga Hoho had taken the views and opinions of nine tribal hohos namely Rengma, Ao, Kyong, Pouchury, Chakhesang, Zeliang, Sumi, Angami and Naga Council, Dimapur. f)
The Kyong Hoho in its letter dated 12.03.2012 addressed to Minister urban development opposed 33 percent reservation and requested for amendment of the Act.
9. In view of the strong resentment and opposition against women’s reservation, the Nagaland Legislative Assembly held discussions and the Minister for Urban Development Dr. Shurhozelie had moved the resolution for suspension of statutory process towards conduct of municipal and town councils elections and for reference of the Nagaland Municipal Act, 2001 for review to a select Committee of the House.
10. On the basis of through deliberations of the Nagaland Legislative Assembly held on 22.03.2012, on a notice moved by Dr. Shurhozelie, Minister for Urban development, the House unanimously resolved that Part 9A of the Constitution of India be referred to a Select Assembly Committee where Nagaland should be exempted from the application of Part 9A of the Constitution of India with instructions to submit its report within 6 months. On 22.03.2012, a select committee was constituted with the following members:- Mr. T.R. Zeliang, Minister for Parliamentary Affairs and Planning & Coordination, AH&V, as Chairman and the following as Members; Dr. Shurhozelie, Minister Urban Development and Municipal Affairs, Mr. Imkong Imchen, Minister, Mr. K.L. Chishi, MLA, Mr. Kipilli Sangtam, MLA Mr. K.V. Pusa, MLA and Mr. C. Apok Jamir as members. The terms of reference of the Select Committee was to examine the comments received from the municipals of Kohima, Dimapur and Mokokchung, civil societies, Hohos, Women Hohos, public organisations on the aforesaid Act.
11. On 21.07.2012, the Chairman of the Select Committee, Mr. T.R. Zeliang, under his signature, submitted its recommendation to the Nagaland Legislative Assembly stating that the Select Committee had unanimously resolved to reject the applicability of Part 9A of the Constitution of India and, further recommended to the Nagaland Legislative Assembly to pass a resolution by the Assembly to frame its own laws for conduct of municipal and town councils. The Select Committee was of the strong opinion that part 9A of the Constitution of India contravenes the provisions of Article 371(A) of the Constitution of India.
12. On 22.09.2012, the Nagaland Legislative Assembly adopted a unanimous resolution stating “No statutory provision of the State which provides for matters similar to as contained in Article 243T of the Constitution of India, shall have force in Nagaland.”. It may be pointed out that Article 243T refers to the reservation for women in the municipal and town councils.
13. It is pertinent to point out that the resolution was moved in the House by the then Minister for Urban Development, Dr. Shurhozelie under whose purview the municipal and town councils were.
14. In the proceedings of the House while discussing the women reservation issue the Chairman of the Select Committee Mr. T.R. Zeliang states that, “From time immemorial, naga as a society have developed their social, cultural and other ethnic practices without the aid of any law. Law is an artificial instrument which intruded into tribal society and alters the natural evolution of the tribal society. This 33 percent reservation is a legally propounded idea which will permanently alter the natural evolution of Naga society.”
15. The representations of the civil societies, tribal hohos and NGOs and the deliberations of the Nagaland Legislative Assembly including submissions by Chairman of the Select Committee, Mr. T.R. Zeliang and other members were of the undivided opinion that the imposition of reservation for women impinges upon Article 371(A) of the Constitution of India which gives special protection to the customary laws and traditions of Naga society.
16. Women’s reservation was not implemented in Nagaland because of a unanimous resolution of the Nagaland Legislative Assembly based on the voice of the people through mass based organisations and NGOs. The Nagaland Legislative Assembly is the House of the people, it voices the feelings and aspirations of the citizens of the State. The resolution not to implement women’s reservation was taken because it impinged upon Article 371(A) of the Constitution. It was in contravention of the protection of Article 371(A) of the Constitution.
17. Today, the Chief Minister by way of a cabinet decision has thrown out the Assembly resolution, which was recommended by him as Chairman of the Select Committee. It is a sellout of Article 371(A) and a betrayal of the people. Today, he has contradicted the very resolution which he recommended and supported along with the entire Nagaland Assembly unanimously.
18. The present NPF President and the Chairman of the DAN, Dr. Shurhozelie has surprisingly remained quite on this issue. He is the top leader of the government and the Chairman of the Alliance which has revoked the Assembly resolution. Ironically it was him who moved for adoption of the resolution and it was him who argued and convinced the House to unanimously adopt the resolution. Today he remains quite. Is it because he has given his approval as DAN Chairman to reject and undermine the Assembly resolution?
19. Under these circumstances and all the factual sequence of events, it goes without saying that both T.R. Zeliang and Dr. Shurhozelie do not have any moral authority to continue in office. They have betrayed the trust of the people and undermined the highest institution of democracy. The decision of the Chief Minister is not only a blunder but illegal by law as he is against a resolution of the Assembly.
20. The Chief Minister has further stated that municipal and town council elections will be held in places where there is no opposition. The question that arises is whether Mr. T.R. Zeliang is the chief minister of few select people and places or is he the chief minister of the entire state. The Chief Minister of Nagaland must realize that he is responsible to take all sections of the Naga people on board instead of conducting himself in a divisive manner and only representative of selective sections.
21. It may be noted that we are not against the merits or demerits of women’s reservations. It is also to be noted that the matter is still subjudice. What is being pointed out is the illegality of the Chief Minister’s unilateral decision and the manner in which the people have been betrayed and Article 371(A) has been sold out.
