NLA passes Nagaland Municipal Act 2001 (Repeal Bill, 2023)

Kohima: The 14th Nagaland Legislative Assembly on Tuesday passed the Nagaland Municipal Act 2001 (Repeal Bill, 2023) after a resolution was unanimously adopted to repeal the Act “in toto with immediate effect” after the matter was taken up at the session on urgent public importance.

Following the adoption, Chief Minister Neiphiu Rio introduced the Nagaland Municipal Act, 2001 (Repeal Bill, 2023), which was later passed by the House through a voice vote.

Read: NLA adopts resolution to repeal Nagaland Municipal Act 2001

According to the bill, till such time a new Act is enacted, “the administrators of the Urban Local Bodies (ULBs) are to continue to function as may be notified by the state government from time to time”.

The decision to repeal the Act was taken after the 60 legislators held a series of discussions in between breaks on Tuesday, the last day of the first session of the 14th NLA.

 “There have been serious concerns and opposition raised to holding the ULB elections as per the provisions of the Nagaland Municipal Act, 2001, among our tribal bodies and civil society organisations. There has existed a genuine and deep fear that the provisions are in contravention of Article 371 (A) among a large section of our people”, Rio said.

He admitted that several attempts by the government over the years to conduct the elections to ULBs to fulfill the obligations by the 74th Amendment Act of the Constitution, as well as to adhere to the directions of the Court, have all been “unsuccessful”.

“The tribal bodies and the people have always viewed the attempts of the government with suspicion, anger, and there have been stiff and vehement opposition”, Rio said.

“This time also it does not appear to be any different in spite of holding several consultative meetings and discussions with everyone concerned for explaining the position of the government and seeking their support. There is stiff opposition all-around, and calls for boycott have also been given.

 “The issue is not just a law and order situation. The primary issue is the proposed boycott by organisations, inter alia, like the ENPO which constitutes about 30% of the population of the state, and which boycotted the Hornbill Festival in December 2022”, he asserted.

 “One of the reasons leading to delay in conducting the ULB election was because of the initial boycott call of the election, including general elections, by the ENPO in August 2022. In February 2023, the boycott call was withdrawn by ENPO; it was presumed that the elections for the ULBs will proceed on positive lines. Again, on March 26, 2023, the ENPO has called for boycott of all elections, though their primary reason is the demand made to the Central government for their separate statehood. Therefore, as stated above, 1/3rd of the population of the state is not going to participate”, Rio went on to add.

Further, the long list of organisations echoing their sentiments of boycott would reduce the entire elections to nullity.

 “The unenforceability of this Act has compelled the government to settle this issue once and for all by a proper dialogue with all interested parties, so that the elections can be held with the effective participation of all concerned”, he said.

“Given the history of strong and vehement opposition to the conduct of ULB elections, and also serious questions always  raised about the provisions of the Nagaland Municipal Act, 2001 being in contravention of Article 371 A, it is felt taking into consideration the unanimous views of this House, that the time has come, in the interest of our people, and the state, to seriously consider repealing the Nagaland Municipal Act, 2001 in toto, and move expeditiously for making a new Act keeping in  mind the special privileges accorded to the people of Nagaland in terms of Article 371 A of the Constitution”, Rio said.

Minister KG Kenye supported by legislator Namri Nchang and advisor Kropol Vitsu initiated the discussion on the ULB issue. When the matter was taken up for discussion, all the political parties and MLAs participated and endorsed repealing of the Act.

Kenye moved the discussion and Deputy Chief Minister and TR Zeliang, advisors Tovihoto Ayemi, G Ikuto Zhimomi, Kropol Vitsu, legislators Kuzholuzo Nienu, Nuklutoshi, Naiba Konyak, Lima Onen Chang, Jwenga Sep, Dr Neisatuo Mero, Kropol Vitsu, and P Longon participated in the discussion.

Earlier, Advocate General KN Balagopal gave a brief explanation about the Nagaland Municipal (Amendment) Act and the views of the Supreme Court.