When Will You Notify Elections Of Muncipalities And Town Councils? Supreme Court Asks Nagaland State Election Commission
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The Supreme Court on Thursday asked the Nagaland State Election Commission to inform the Court by when they would notify the elections of Municipalities and Town Councils.A Division Bench of Justices Sanjay Kishan Kaul and MM Sundresh has granted two weeks' time to apprise the Court regarding further details.The Bench was hearing a petition filed by the People's Union for Civil Liberties...
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The Supreme Court on Thursday asked the Nagaland State Election Commission to inform the Court by when they would notify the elections of Municipalities and Town Councils.
A Division Bench of Justices Sanjay Kishan Kaul and MM Sundresh has granted two weeks' time to apprise the Court regarding further details.
The Bench 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 September 22, 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.
In an earlier hearing in April, the State of Nagaland had informed the Supreme Court of it's decision to implement 33% reservation to women in local self government Institutions, in line with earlier orders passed by the Court.
Accordingly, the Court had directed the State election Commission to inform the schedule for the elections.
During the hearing today, the State election Commission, via an affidavit, informed that they have been unable to notify the schedule of the elections as per the court's earlier order dated April 12. The Election Commission had requested the state for issuance of notification.
Advocate General KN Balgopal, appearing for the state government, informed that the government had given it's administrative approval to the State election Commission. However, the Court noted that the said approval was received only by June 12.
Noting these developments, the Court pulled up the state government for its lackadaisical attitude in the matter.
"At each stage there has been a delay on the part of the state in its endeavor to keep the rights of the women gender."
Further, the court's order observed,
"It is only when the matter is before the Court, something is done. The notification will now be issued by the State Election Commission belatedly on account of the failure of the state."
Before posting the matter for next hearing on July 29, the bench clarified the applications would be kept pending.
"We are not disposing of the applications. We have no trust in the way state government is doing things.. "
As the hearing drew to a close, the bench pointed to AG Balgopal to say,
"You treat women's rights like this for 12 years! 12 years. Something which could have been automatically done requires so much effort. It required a petition here... Appeal to the state government. Tell them they are doing something which is not right."
Further, terming this as "shocking state of affairs", the Court continued to add,
"...You talk about gender equality but.... This is the part of the country where women are educated in the country, they are employed and they contribute to the economic development. So, this is really shameful.... "
At this juncture, AG Balgopal pointed out that recently two women AGs have been appointed. "The wind is changing, milords", he said.
"The wind is going too slow. It needs to go faster", came the bench's quick reply.
[Case Title: People Union For Civil Liberties (PUCL) vs The State of Nagaland | Civil Appeal No. 3607/2016]