Supreme Court Stays Notification Cancelling Nagaland Local Body Polls; Issues Contempt Notice To State, SEC

The Supreme Court, on Wednesday, issued notice in a contempt plea alleging non-compliance of the order of the Apex Court directing the State Government and the Nagaland State Election Commission to hold local body election in Nagaland. Notice was issued to both the State Government and the State Election Commission. The Court directed them to file their response within a week’s time.

“The order of this court dated 14.03.2023 is quite clear that any endeavour to tinker with the election would be in the breach of the order of the court, either by the Election Commission or by the State Government.”

A Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah issued notice in all the prayers, including the one seeking deployment of Central forces. In view of the said prayer, notice was issued to the Union Government. In the interim, the Court stayed the operation of the order dated 30.03.2023, issued by the Election Commission cancelling the election programme.

Disappointed with the non-compliance of its order dated 14th March, 2023, Justice Kaul told the Counsel appearing for the State of Nagaland -

“This is not acceptable. Please convey that we will not allow this.”

On 14th March, 2023, in a petition 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, the Nagaland State Election Commission informed the Apex Court that the local body elections in the State have been notified and are to take place on 16th May, 2023. Accordingly, the Court had directed that the election schedule notified by the Commission should not be disturbed at any cost. At the request of the Advocate General for the State of Nagaland, Mr. KN Balgopal the Bench had directed that “the State Election Commission and the State are to make necessary arrangements to ensure free and fair elections…Any authority/citizen in breach thereof would be in breach of orders of this Court.”

In April, 2022, the State of Nagaland had informed the Apex Court that the State Government after holding a consultative meeting attended by all stakeholders had resolved to implement 33% reservation for women in local body elections.

Thereafter, on 29th July, 2022, the Apex Court had directed the State Election Commission (SEC) to complete the election process by January, 2023. However, the election process was notified. As per an affidavit filed by the State Election Commission, in January, 2023, the State Government had asked it to provide an election schedule. In response, two options for notifying the election programme have been provided by the State Election Commission. The Bench had directed the State Election Commission to notify local body elections at the earliest and place before it the official notification by 14th March, 2023. Accordingly, the Commission notified on 9th March, 2023 that the elections would be held 16th May, 2023.

On Wednesday, Senior Advocate, Mr. Colin Gonsalves, appearing for the petitioner (PUCL) mentioned the contempt petition before the Bench. He apprised it that the election, which was being held pursuant to the orders of the Apex Court, has been cancelled by a notification issued by the Election Commission on 30.03.2023. He submitted -

“The Nagaland elections are cancelled by a notification of the Election Commission with the consent of the Chief Minister who found three groups opposing the election…He said that ‘we cannot certainly go against the will of the people’”.

Justice Kaul said, “But we had said that it will go ahead. How can they say something contrary to a judicial order?”

The Counsel appearing for the State informed the Bench that the State of Nagaland will be filing an application in this regard.

Displeased with the cancellation of the election in the teeth of Apex Court’s order, Justice Kaul reckoned, “But you are in breach of the order of the court. So is the Election Commission. We will notice in contempt. We had said that it (the election) would not be postponed.”

The contempt plea filed through Advocate-on-Record, Mr. Satya Mitra is next listed on 17.04.2023.

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