The Supreme Court has directed the Union of India to put before this Court its stand on whether the Nagaland government can breach the constitutional scheme of one-third reservation for women in municipal and town council elections by repealing the Nagaland Municipal Act 2001, within two weeks.
The Bench of Justice S.K. Kaul and Justice Aravind Kumar on Monday granted two more weeks to the Central government to put on record its stand on the matter after Additional Solicitor General (ASG) K.M. Nataraj apprised the Apex Court that two Union Ministries were deliberating on the issue.
Appearing for the Union government, ASG Nataraj sought two additional weeks’ time to file its response, which the Apex Court granted.
Earlier on April 17, the top court of the country had granted two weeks’ time to the Union government to apprise the Court about its stand on the matter. It further issued formal notice to all other relevant entities in the matter.
The Apex Court passed the order on a contempt petition, which alleged that both the Nagaland government and the Nagaland State Election Commission had shown non-compliance with its March 14 order, directing them to hold local body elections with 33 percent women reservation.
The Apex Court, on the first date of hearing in the contempt plea, issued notice to both the Election Commission of India and the State Election Commission. It further stayed the notification cancelling the election.
In an affidavit filed before the Supreme Court, the State Election Commission said that it had no other option but to notify the cancellation of election as the Nagaland Municipal Act and the Rules therein had been repealed.
The Nagaland government had informed the top court of the country in April last year that the state government, after holding a consultative meeting with all stakeholders, had resolved to implement 33 percent reservation for women in local body elections.
The Apex Court directed the State Election Commission on July 29, 2022 to complete the election process by January, 2023.
In January, 2023, the State Government had asked the SEC to provide an election schedule. In response, two options for notifying the election programme have been provided by the SEC.
The post Supreme Court directs Centre to clear stand on whether Nagaland can infringe on women reservation in Local Bodies by repealing municipal law appeared first on India Legal.
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