Highlighting this, a Division Bench of Justices Sanjay Kishan Kaul and MM Sundresh ordered,
"We clearly put to them that the election process has to be completed and the results declared before the end of January, 2023. Accordingly, the schedule has to be worked out."
The Court 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 its 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.
When the matter was taken up for hearing today, the court was told that the Nagaland State Election Commission had filed two affidavits in the matter.
"We had kept it today for the purposes of the state election commission to file an affidavit as to what is the date when they will notify the elections. That's all we ask", the Bench said.
"As far as the schedule is concerned, we are sticking to November 24, but only subject to state approval, we can notify the elections", the counsel added.
"Both of you (State Government and State Election Commission) need to tell me, when are you going to notify the date?", asked the Bench.
"Sir, in January", came the reply.
"12 years have gone by, you have to hold elections….", the court exclaimed.
"We will hold elections….", reassured the counsel.
"When? In 2026?", the Bench shot back.
"24th Nov is the date for publication of the electoral roll. 25th November, if we start the process for conducting elections, it will go upto 25th January, because there is a 10 day holiday period in between. So, the process will begin after 25th January."
"Ms Counsel, I don't want the state government and state election commission to do this. You cannot begin the election process after January", the court replied sternly.
After the court passed its directions, Advocate General KN Balgopal sought for more time to complete and declare the results of the elections. He stated that during the period between December and January, the attendance of officers would be very weak because of the weather conditions, etc.
"You keep on postponing it, how many years have gone by…", the bench pointed out.
The matter will be next heard for reporting compliance in the second week of February, 2023.
[Case Title: People Union For Civil Liberties (PUCL) vs The State of Nagaland | Civil Appeal No. 3607/2016]
