Even as chief minister, T.R. Zeliang has reiterated on 25% reservation for women in urban local bodies (ULBs), the Joint Action Committee on Women Reservation (JACWR) has rejected the offer by sticking on its demand on 33% reservation.
Zeliang who was speaking at the inaugural programme of the short stay home for people living with HIV, said that state government through deputy commissioners would nominate 25% in consultation with NMA and women associations in ULBs. Zelaing also told Nagaland Post that since the matter was pending in the Supreme Court (SC), the State Government was unable to avail around Rs 40 crore sanctioned by the Centre for ULBs.
Meanwhile, NMA president, Abeiü Meru said that it would remain strong to their demand on 33 % reservation.
JACWR also demanded implementation of SC ruling of April 5, 2016, to hold municipal elections and implement 33% women reservation. Meru said that JACWR was waiting action from the state government and expressed hope that the SC ruling would be implemented.
In this regard, NMA president said that the committee had also written to the secretary Municipal Affairs last month. When asked on Naga Hoho’s (NH) resolution that introduction of 33% reservation for women in the municipal bodies was premature, Meru said that the case was not between NMA and NH but between NMA and state government. She clarified that it was not premature as other states have already implemented 33% reservation, and opined that Naga women were matured enough and that men folk should not undermine women. JACWR is also scheduled to hold a meeting on the issue.
MAD clarifies, says NLA resolution still holds ground
Municipal Affairs Department (MAD) has issued a clarification with regard to the Supreme Court’s order dated 05.04.2016 Special Leave Petition (Civil) No. 26794/2012 and Writ Petition (Civil) No. 242/2014 on 33% women reservation and also challenging the Assembly Resolution dated 22.09.2012 exempting the operation of Article 243-T [one-third reservation of seats for women in the ULBs] of Part IX-A of the Constitution of India to the State of Nagaland.
In a press note, Municipal Affairs joint director & HOD, A. Zanbemo Ngullie said after making its observation, it was learnt that the Supreme Court had converted the Special Leave Petition into a Civil Appeal [Civil Appeal No. 3607/2016]. “The said order only entails that the matter shall now be argued on its own turn as a regular matter, which may take some time before it is finally decided,” he said.
He pointed out that the directions issued by the single judge on 21.10.2011 were not sustained by the division bench and were replaced by the operative directions issued by the division bench on 31.07.2012.
He said the single judge’s directives were “subsumed and merged with the impugned judgment” passed by the division bench. In this regard, he said that the stay on the implementation of the impugned judgment by the Supreme Court “does not operate to revive the single judge’s decision and directions”. He also pointed out that since there was “no stay of the Legislative Assembly’s Resolution (22.09.2012)”, though the same was challenged in writ petition, it has implied that the Assembly Resolution continues to hold the field.
It has been observed that the Supreme Court “has neither adjudicated upon the merits of the case nor has it issued any directions to the state of Nagaland”. Therefore, he said the state government was under no obligation to hold elections to ULBs and any communication/information to the contrary was misleading, until the final outcome of the civil appeal. He however, said that the state government may decide to hold the Municipal/Town Councils election “as and when deem fit”.