The State Election Commission (SEC) Nagaland on Saturday issued a show-cause notice to the Eastern Nagaland Peoples’ Organisation (ENPO) for its decision to abstain from participating in the upcoming elections to the Urban Local Bodies (ULBs).
In a notice, State Election Commissioner, T John Longkumer reminded that ‘election programme’ to three municipal councils and 36 town councils were announced on April 29, 2024.
However, ENPO issued a press statement, published in the local papers on May 16, declaring its stand to collectively abstain from participating in the ULB elections. The same was conveyed to the SEC, in a letter dated May 15, 2024.
SEC recalled that in its press release dated May 17, 2024, and a copy endorsed to ENPO, SEC had emphasized the crucial aspects of conducting Municipal/Town Council polls. It further highlighted the importance of allowing individual voters to exercise their voting rights according to their conscience and freedom, without being influenced by collective stances imposed by any organization.
Additionally, SEC also referenced the Notice of Contempt issued by the Supreme Court to several entities in the state, having potential legal ramifications concerning the action of collective abstention under the umbrella and influence of any organization. SEC said ENPO reiterated its stance of collective abstention from participating in ULB polls through another press statement published in local newspapers on May 31.
Responding to it, SEC that “public declaration of abstention made through an organization not only goes against the basic tenets of Universal Adult Franchise and the constitutional and inviolable rights of absolute freedom of conscience and choice in electoral participation that every eligible citizen is entitled to but it also amounts to exerting undue influence that should otherwise not be used either directly or indirectly in connection with the free exercise of electoral participation.”
The SEC’s statement referenced the ongoing legal obligations stemming from IA No. 69269 of 2023 in Civil Appeal No. 3607 of 2016. Following a Notice of Contempt served by the Supreme Court of India, the ENPO President and other respondents are legally bound to comply with the Court’s orders. These orders mandate ensuring a free, fair, and undisturbed electoral environment and prohibit any actions that could influence or interfere with the electoral participation of eligible citizens in Eastern Nagaland.
SEC said that repeated public declaration made through the instrument of the organization, which is essentially a pressure group and unrelated to the constitutional privilege of an electorate or an elector, “is deemed to be an attempt to interfere with and to infringe on the individual rights of the electorate to freely and without fear or undue pressure participate in the electoral process.”
SEC said the declarations were also deemed to be an interference with the superintendence, direction and control of the conduct of all municipality elections vested in the Commission,
It cited Sub-section (1) of Section 171 C of the Indian Penal Code, 1860 which states that, “Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.”
SEC stated that the president of ENPO has superintendence over the organization and over the Eastern Nagaland Public Emergency Control Room with its Headquarters in Tuensang district, Nagaland,
In the light of the above, SEC directed ENPO to show-cause as to why action as per sub-section (1) of Sec. 171 C of the aforesaid Code should not be initiated and to reply to the notice without delay.
MAD clarifies on GBs
Municipal Affairs Department (MDA) has clarified that the post of Gaon Buras (GBs) does not constitute an office of profit under Sec 4211)(g) of the Nagaland Municipal Act 2023. The department was responding to a letter dated May 9 by SEC seeking clarification on the matter.
“…having regard to disqualification for membership for holding of office of profit under Municipal Councils and Town Councils, the matter having been examined by the Law & Justice department and Home department, this is to convey that the matter be read with Clause 9 of the schedule of the Nagaland State Legislative members (Removal of Disqualification ) Act 1964, wherein, the post of GB does not deem to be an office of profit..,” the department stated.