Volunteers are seen guarding the Dhobinalla junction, Dimapur during the state wide bandh called by Joint Coordination Committee/Nagaland Tribes Action Committee after the announcement of elections to Urban Local Bodies with 33% on February 13, 2017. (Morung File Photo)
Also to brief on UCC, Forest Conservation (Amendment) Act, 2023
Morung Express News
Dimapur | August 26
The Government of Nagaland has convened yet another consultative meeting on September 1 with the apex tribal hohos and three other inter-tribal organisations to discuss the contentious to Urban Local Bodies (ULBs) election issue.
A notification from the Home Department on August 24 informed that the meeting scheduled on September 1, 11AM in the State Banquet Hall, Chief Minister's Residential Complex, Kohima, will to deliberate on matters pertaining to ULB in the State.
Further, briefings on the Uniform Civil Code (UCC) and Forest Conservation (Amendment) Act, 2023 will also be given during meeting, it added.
As per the notification, the state government’s side will be led by the Chief Minister, along with two Deputy CM; Speaker, Nagaland Legislative Assembly (NLA); all Ministers; Member of Parliament, Lok Sabha and Rajya Sabha; all Advisors and State Legislators along with the Advocate General (AG), Nagaland.
The Chief Secretary along with other senior officials will also attend the meeting.
Accordingly, all 19 apex tribal hohos were requested to attend the meeting with respective president and two other representatives.
The hohos are Angami Public Organisation; Ao Senden, Chakhesang Public Organisation, Chang KhuleiSetsang, Nagaland Garo Tribal Council, Kachari Tribal Council Nagaland, Karbi (Mikir) Union Nagaland, Konyak Union, Khiamniungan Tribal Council, Kuki Inpi (Nagaland), Lotha Hoho, Phom Peoples' Council, Pochury Hoho, Rengma Hoho, Sumi Hoho, Tikhir Tribal Council, United Sangtam Likhum Pumji, Yimkhiung Tribal Council, and Nagaland Zeliang People’s Organisation.
The Central Nagaland Tribes Council, Eastern Nagaland Peoples' Organisation and Tenyimi Union Nagaland were also invited to the meeting with 4 representatives each.
ULB imbroglio
This is the second consultative meeting the state government has convened on the ULB issue over the course of two years.
It must be noted here that the meeting of ‘all stakeholders’ on March 9, 2022 was convened after constant reprimands from the Supreme Court, currently hearing civil appeal on the ULBs issue. On February 22, 2022, the Court rapped the state government’s ‘lackadaisical attitude’ over the delay in conducting the civic elections, following which the latter convened the meeting of ‘all stakeholders’ on March 9. Mass-based civil societies including church organisations, tribal hohos, political parties and NGOs attended the meeting.
According to the state government, the meeting “unanimously” passed a resolution stating that “the elections to the Urban Local Bodies (ULB) should be conducted as per the 74th Amendment Act of the Constitution of India.”
Among others, the 74th Amendment Act, 1992 mandated that the seats shall be “reserved to the extent of not less than one-third of the total number of seats” for women via direct elections.
As the March 9 resolution document was appended by Chief Minister, Deputy CM and Chairperson of United Democratic Alliance as well as the Government and stakeholders present at the meeting, it purportedly paved the way to hold the ULBs election as per the constitutional provisions.
However, there was contention over the resolution itself.
The Morung Express then reported that while attendees agreed that the meeting was productive, some informed that “not all organisations present in the meeting endorsed the resolutions.”
This later manifested in the meeting of the Joint Coordination Committee on March 25 stating that the resolution signed on March 9 2022 “appears to be unsatisfactory and inconclusive as a consensus opinion of all the stakeholders were not taken into confidence.”
Consequently, on March 9, 2023 when the Nagaland State Election Commission (SEC) notified that the ULBs elections with 33% women's reservation would be held on May 16, there was widespread opposition.
Accordingly, on March 28, the NLA ‘unanimously’ passed a resolution repealing the Nagaland Municipal Act 2001’ in toto with “immediate effect.”
The NLA justified the repeal citing “stiff voices of opposition” by the tribal bodies, civil society organisations and every section of the society.”Following this, the SEC, on March 30, notified the cancellation of the ‘Election Programme.’
Accordingly, on April 5, the apex court termed the repeal an “ingenious method” adopted to evade the undertaking given to the Court and stayed the SEC’s notification.
Meanwhile, during the last hearing on July 25, the Supreme Court categorically stated that “the personal laws of Nagaland and even the special status under Article 371A (1) of the Constitution is not being touched in any manner” by the constitutional mandate.
“Discussions on a new Enactment in conformity with the same is in progress,” AG Nagaland also informed the Court, while reassuring that the constitutional scheme will not be violated and he needs some time to “impress upon the relevant political dispensation that the only way forward is to determine the mandate of the Constitution of having at least 1/3rd reservation of municipalities.”
In view of “impassioned plea” by the AG, the apex court Bench of Justices, SK Kaul and Sudhansu Dhulia give him “one last opportunity.”
The Additional Solicitor General of India (ASG) as directed also submitted that as per instructions that “Article 243T of the Constitution of India unambiguously applies” to the State.
With the Court then listing the matter for further hearing on September 26, the scheduled consultative meeting seems to be another attempt by the state government to arrive at some consensus beforehand.
Additionally, the second session of the 14th NLA is scheduled from September 11 where the state government is anticipated to introduce a new ‘municipal law’ and the meeting is expected to discuss its nitty-gritty.
