DIMAPUR, NOVEMBER 10 : Old skeletons from the DAN political cupboard have come to haunt the present NPF leadership once again even as ‘new information’ in connection with the 33% women reservation continues to find their way to public domain.
The State Government’s attempt to introduce 33% seat reservation for women in urban local bodies by bypassing the Nagaland Legislative Assembly resolution of September 22, 2012 has raised questions over its (dis)regard for administrative procedure.
Conversely this has been seen as a ‘backdoor’ attempt by the present government to give 33% seat reservation for women, which in turn, has defeated the very purpose of empowerment. The state government, though, has adopted the code of omerta when confronted with such questions.
On Thursday, Independent legislator Thomas Ngullie issued a 21-point statement that laid bare the behind-the-curtain activities that preceded the state cabinet’s decision to introduce 33% seat reservation for women in urban local bodies.
“The state cabinet has decided to conduct elections to Municipal and Town Councils as announced by chief minister TR Zeliang. He has stated that the state will benefit by getting funds from the centre if we conduct elections and also that the legal fees to oppose the women’s reservation case in Supreme Court is too expensive. It may be noted that during TR Zeliang’s tenure, the matter has come for hearing only once while it had come for hearing on 15 occasions prior to his chief ministership,” Ngullie pointed out.
According to him, the case of women’s reservations which is being contested in the Supreme Court has come up for hearing and the Supreme Court was pleased to grant leave to appeal in the pending case and also stayed judgment passed by the division bench of the High Court.
“There was no court order or directive to conduct municipal elections with implementation of women’s reservations. Rather, Rosemary Dzuvichü had written a letter to the chief minister in this regard, after which the cabinet took the decision to conduct municipal elections and implement women’s reservations,” he informed.
He listed some facts “to understand the reality of the chief minister’s blunder” – while stating that the CM’s actions and decisions were illegal and in contravention of law and against the will and desire of the Naga people. “It is a betrayal of the Naga’s mandate and a sell-out of Article 371(A) of the Constitution of India which gives special protection to the state of Nagaland.”
According to him, prompted by the “strong resentment and opposition against women’s reservation”, the NLA held discussions and the then minister for Urban Development Dr Shurhozelie had moved the resolution for suspension of statutory process towards conduct of municipal and town councils elections and for reference of the Nagaland Municipal Act, 2001 for review to a select Committee of the House.
On this very basis, Ngullie said, the House unanimously resolved that Part 9A of the Constitution of India be referred to a Select Assembly Committee where Nagaland should be exempt from the application of Part 9A of the Constitution of India with instructions to submit its report within 6 months.
Consequently a committee was formed – headed by present chief minister TR Zeliang – and under their recommendation, the NLA on September 22, 2012, adopted a unanimous resolution stating: “No statutory provision of the State which provides for matters similar to as contained in Article 243T of the Constitution of India, shall have force in Nagaland.”
Today, he pointed out, the chief minister via a cabinet decision has thrown out the Assembly resolution, which was recommended by him as chairman of the Select Committee. “It is a sellout of Article 371(A) and a betrayal of the people. Today, he has contradicted the very resolution which he recommended and supported along with the entire Nagaland Assembly unanimously.”
Ngullie also pointed out the role played by the present NPF chief, Dr Shurhozelie Liezietsu. “The present NPF president and the chairman of the DAN, Dr Shurhozelie has surprisingly remained quiet on this issue. He is the top leader of the government and the chairman of the alliance which has revoked the Assembly resolution.
“Ironically it was him who moved for adoption of the resolution and it was him who argued and convinced the House to unanimously adopt the resolution. Today he remains quiet. Is it because he has given his approval as DAN Chairman to reject and undermine the Assembly resolution?”
On the chief minister’s recent statement that municipal and town council elections would be held in places where there is no opposition, Ngullie questioned if Zeliang was the “chief minister of few select people and places” or the chief minister of the entire state of Nagaland.
He stated that “we are not against the merits or demerits of women’s reservations.” Reminding that the matter was still subjudice, he said: “What is being pointed out is the illegality of the chief minister’s unilateral decision and the manner in which the people have been betrayed and Article 371(A) has been sold out.”
In a new twist to the tale, the State Election Commission of Nagaland, had on September 9, 2008 ruled that since the ward(s)/constituencies of Mokokchung Municipal Council had failed twice to elect their representatives”, the Commission “shall not be bound to call again, upon the ward(s)/constituencies, to elect their representative until satisfied that if called upon again, there will be no such failures on the part of the ward(s)/constituencies”.
This was contained in a copy of the government order accessed by Eastern Mirror. It was signed by the then commissioner of State Election Commission, HK Khulu.
