After Supreme Court Nudge, Nagaland Decides To Implement 33% Women Quota In Local Civic Bodies

"On the next date, the Respondent No. 3 (State Election Commission) is to inform the schedule for the election, if not already notified by then."

A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh was hearing a petition filed by the People's Union for Civil Liberties (PUCL) and women rights activist Rosemary Dvuchu challenging the Nagaland Assembly's resolution dated 22.09.2021 exempting operation of Part IXA of the Constitution of India, which mandates 33% reservation for women, in Municipalities and Town Councils of the State.

At the outset, Advocate General for the State of Nagaland, Mr. K.N. Balgopal apprised the Bench that in-compliance with its previous order, the State Government had held a consultative meeting on 09.03.2022, attended by all stakeholders, wherein it had resolved to implement 33% reservation for women.

"We had the meeting as per schedule….All stakeholders attended. A resolution was passed affirmed by the Chief Minister, Deputy Chief Minister and Chairman of party to this extent that we should go ahead with the 74th Amendment giving reservation of 33% for women."

The Bench noted that -

"In view therefore there is no impediment in holding elections providing for reservation for women. We have perused the affidavit..dated 22.02.2022 which states that on 16.02.2022, a meeting was held…the State Election Commission was intimated to use Assembly electoral rolls for the basis of Municipal elections…"

Justices Kaul enquired how much time would the State Election Commission take to complete the process of summary revision.

Ld. Counsel for the Commission informed the Bench that the process for summary revision has already been initiated and as per instructions taken by her, it would take another 2 months to be completed.

Justice Kaul asked, "When will you declare the schedule?"

The Counsel responded, "Immediate thereafter."

Mr. Balgopal submitted that given the fact that 7 Town Councils have been added, the process might take more than what is being projected by the State Election Commission. He added that the State Government would beseech the Bench to fix a date for election in February, next year.

"7 town councils have been added. It will take some more time. They (State Government) have decided that they would like your lordships to fix a date for coming February."

Critical of the delay in holding the elections, Justice Kaul stated -

"What is happening is you take two steps forward and one step backward. Your own resolution says that as soon as electoral rolls are there, elections are to be held."

The matter is to be next listed in July after the summer recess, on a miscellaneous day, for directions.

[Case Title: People Union For Civil Liberties (PUCL) v. The State of Nagaland| Civil Appeal No.3607/2016]