Nagaland NewsSC final verdict on civic polls quota issue Jan 12

SC final verdict on civic polls quota issue Jan 12

Final hearing of the Special Leave Petition (SLP) in the Supreme Court, filed by the Joint Action Committee on Women Reservation (JACWR) in connection with the 33% reservation for women in all civic bodies particularly Municipal councils, will be held on January 12 at court no. 12, advisor NMA Rosemary Dzüvichu stated.
The case was earlier listed on November 3,2015 for hearing. Dzüvichu said that the ‘final disposal’ would be on January 12 as per the final list of the Supreme Court of India. Representing the committee, Rosemary said both she and NMA president Abieu Meru, representing the petitioners would attend the court hearing.
JAWCR comprises of the Naga Mothers’ Association, Watsü Mungdang, Eastern Naga Women Organization, Naga Women Hoho of Dimapur and the Tenyimi Women Organization who are some of the principal Naga women organizations.
The Chief Justice of India, TS Thakur had also ordered that the final hearing would be held on January 12 and the matter to be disposed off without any further postponement. JACWR in November last also held a “crucial meeting” and unanimously resolved to await the verdict of the Supreme Court on women reservation. The meeting was held with leaders from Naga Mothers’ Association, Eastern Nagaland Women Organization, Naga Women Hoho Dimapur and Watsu Mungdang.
The term of town and municipal councils expired in March 2010 and after the plea for 33% reservation was rejected, the JAWCR petitioned the Gauhati High Court in June, 2011.
The Single Bench judge ruled in favour of the JAWCR and directed the state government to conduct elections to local bodies with implementation of 33% reservation for women. The verdict of the single judge bench was challenged and set aside by a division bench of Gauhati High Court, Kohima Bench on July 31, 2012. The bench asked the state government to set up a committee to look into the claims of certain groups and directed the municipal elections be suspended till the committee gave its recommendations.
However, state authorities have refused to accede to the demands by withholding elections to local bodies, citing Naga customs and possible violence derailing the ongoing peace process.
The state counsel had argued in court that the authorities tried to hold elections in one of the 19 councils (Mokokchung Council) on May 7, 2011, which was marred by large-scale violence which forced the state to cancel the election.
 JACWR then had filed a Special Leave Petition (SLP) in the Supreme Court against the Gauhati High Court Division Bench order, which put elections to the municipal/town councils in Nagaland on hold.
JACWR has been fighting for implementation of 33% reservation n the local bodies for the past three years.
The SPL filed in the apex court claimed that the protest was on account of certain changes in the land laws in the Nagaland Municipal Act of 2001and not due to reservation of seats for women. The petition stated that the state had not put anything on record (newspapers reports, for instance) to show violence, any police complaint related to law and order failure or any arrest being made.
JAWCR advisor Rosemary Dzuvichu had earlier argued that even the Nagaland government did not object when the 74th Constitutional Amendment Act of 1992 was passed in Parliament, in which 243 (T) was inserted requiring one-third reservation of seats for women and 243 (U) inserted that laid prescribed that election to every municipality would be held before the expiry of its duration.
Consequently following the petition being admitted, the Supreme Court held its first hearing on November 19, 2012 in Delhi, and directed the Nagaland government and the State agencies in concern to respond within 6 weeks to the SPL filed by the Joint Action Committee for Women Reservation (JACWR).

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