Dimapur, November 15 : The CMO has responded to Independent MLA Thomas Ngullie’s criticism of the government’s move on the 33% women reservation.
The ‘media cell’ of the CMO issued a press release on Tuesday calling Ngullie’s charge “ill-founded allegations.” The CMO also put “all these la affaire against women reservation” happened during the tenure of the “former chief minister.”
According to the Chief Minister, the release said, Ngullie “made it appear” that the chief minister had unilaterally set aside the resolution passed by the Nagaland Legislative Assembly when the cabinet decided on October 3 2016 to hold the elections to the urban local bodies with stated quota for women ‘which is far from the truth.’
The Naga Mothers' Association “first knocked the doors” of Gauhati High Court against the state for not providing women reservation in said bodies, the chief minister’s office stated.
“The High Court ordered women reservation to be provided and consequently, the state government under the former chief minister, made, in 2006, express provisions (sections 23A and 23B) in the Municipal Act, 2001, for reservation for women,” the statement explained.
However, the CMO stated here, the civil society and tribal bodies protested over the issue of 33% reservation for women and elections to the ULBs could not be held. The Naga Mothers’ Association, under the aegis of Joint Action Committee for Women Reservation (JACWR), approached the Gauhati High Court in 2011, and the court, while disposing off the writ petition on October 21, 2011, directed holding said elections “and to complete the entire process on or before January 20, 2012.”
The court also directed that the administrators might “continue to perform and discharge such duties until elections are held in terms of this judgment and order,” the CMO stated, “Thereby, effectively legitimizing non-conduct of elections thus far.”
On the request of the “Rio administration,” it stated, the time for conducting elections was extended till March, 2012.
However, the state government under “Mr. Rio,” appealed against the judgment of the single Judge order before the division bench which directed the state to “resurvey the Act and to examine the applicability of Part IXA of the Constitution of India to the State of Nagaland". The High Court granted a period of six weeks for completion of the exercise, the press release stated .
The CMO explained: “Thus, the Article 371A Committee of the Assembly under Shri Yitachu examined the Part IXA of the Constitution of India and recommended for a resolution to be adopted by the assembly stopping application of Part IXA of Constitution to Nagaland. The assembly, under the former chief minister, accordingly adopted the resolution on September 22, 2012. The present chief minister, under the persuasion of the then chief minister, echoed the latter's voice in the house while participating in the debate on the said resolution. That is how, the elections to municipal bodies could not be conducted by the Rio administration for more than a decade.”
Further, the press release stated, the order of the division bench of the Gauhati High Court was challenged by the JACWR in the Supreme Court. The JACWR also challenged the validity of the Resolution adopted by the Nagaland Assembly exempting the State from Part IXA of the Constitution.
According to the press release, the “non-conduct” of the elections to the urban bodies for more than a decade “because of the stance of the former chief minister” resulted in “three damages” to the state: ‘denial of democratic rights of Nagas for self-rule at local levels; denial of central funds to the municipal bodies for local development and “vexatious litigation” with avoidable legal costs.’
As the solution to the dispute would not “come timely,” the chief minister stated, the current government “thought it appropriate” to review the entire situation “with a fresh mind.”
“Accordingly, on 3rd October, 2016, the state cabinet decided to conduct polls to ULB with women reservation. Such a decision was taken in 2006 by the then Chief Minister also which could not be carried into reality,” the press release stated.
Informing that tribal organizations have been called for a consultative meeting on November 16, the CMO said “their views and opinions will be recorded and necessary actions would be taken to incorporate what will be the best for a cohesive, workable and beneficial policy in the days to come.”
Also, a few amendments to the Nagaland Municipal Act are being contemplated so that the letter and spirit of Article 371-A (1) (a) are stoutly defended, the CMO stated.
“The government will also move the house for revocation of the resolution dated September 22, 2012 so that Part IXA with women reservation in municipalities becomes applicable to Nagaland.”
The chief minister stated further that the current government’s efforts are to conduct the municipal polls “in total compliance with the constitutional provisions, so that vexatious litigations are obviated along with costs and also peace, amity and concord are promoted between both sexes in the matter of representation in municipal bodies.”
The CMO added that “all these la affaire against women reservation in ULBs happened during the regime of the former chief minister. ”
