Dimapur, May 2 (MExN): The Joint Action Committee on Women Reservation (JAC) has appealed to the Nagaland Cabinet to reconsider its decision to appeal to the court for more time “to hold the municipal elections.” The committee noted the serious legal implications from delaying democratic elections and violating women’s electoral and constitutional rights.
The committee issued a note today expressing strong resentment against the decision of the Nagaland Cabinet to appeal to the principal bench for further time to hold the municipal elections, after the second Court judgment has been passed. “The excuse that more time is needed for preparations of the polls is not tenable. The State Election Commission in its application before the honorable court had stated that all arrangements were ready for conduct of the municipal polls within the month of April itself,” the JAC stated.
“The commission had also submitted its list of schedule for conduct of the polls during the month of April before the Honorable Court. The Election process is to be conducted by the State Election Commission and not by the Cabinet. The honorable court has for the second time, passed the judgment in favor of implementation of reservation for women and early conduct of municipal polls within one month.”
The committee reminded that Part-A of the Constitution of India is an integral part of the Constitution itself. “The constitutional provisions do not stand on the same footing as an Act of Parliament and the State Assembly cannot exempt the State from the purview of a Constitutional provision,” the committee stated. “The law for reservation of 33% seat for women was adopted by the State Legislative Assembly. The honorable Court in its judgment order has made it very clear that the opposition of various bodies with regard to 33% reservation for women, apprehension in holding municipal and town elections have been elaborately dealt with in the earlier judgment order dated 21.10.2011.”
The court has now rejected the prayer for further extension of time of six months or till the time the Select Committee of House submits its report, the JAC stated.
The committee is hoping that the State’s Cabinet will reconsider its decision, ‘taking cognizance of the numerous representations from women and based on the serious legal implications of delaying democratic elections and violation of women’s electoral and constitutional rights.’
