Dimapur, Oct. 26 (EMN): The PIL filed by the Chakhesang Public Organisation in the Gauhati High Court against the process of delimitation based on the Census of India 2001 was disposed on Aug. 30 as the case had become infractous due to the President’s order in 2002 exempting delimitation exercise in Nagaland and the subsequent amendment of the Delimitation Act.
This was stated in a press release received on Thursday from the President Kekhwengulo Lea and General Secretary Mutsivoyi Kotso, of the CPO.
The CPO had filed PIL in 2006 challenging the delimitation exercise on the basis that the census data pertaining to Nagaland of Census 2001 was erroneous.
“It may be mention here that the president of India had issued a notification exempting the state of Nagaland, Assam, Arunachal Pradesh, Jharkhand and Manipur from the purview of the Delimitation Act of 2002 and subsequently, section 10A of delimitation Act of 2002 was amended by the parliament exempting the state of Nagaland and other effected states. The PIL was filed praying for a writ of Mandamus and prohibition restraining the Government of India from continuing with delimitation exercise undertaken in the state of Nagaland and others on the basis of incorrect census data”, it stated.
Section 10A of the Delimitation Act empowers the President to India to defer delimitation exercise if
the unity and integrity of India is threatened or there is a serious threat to the peace and public order in the state.
The counsel representing the government also made similar submissions on Section 10A of the Delimitation Act of 2002 that was later amended and subsequent notification by the President on 08.02.2008 deferring delimitation exercise in the Nagaland, Assam, Arunachal Pradesh and few other states .
The press release added that in view of those submissions, “the Constitutional Bench of Gauhati High Court of Hon’ble Chief justice Mr. Ajit Singh, Hon’ble Mr. Justice Hrishikesh Roy, Hon’ble Mr. Justice Arup Kumar Goswami, Hon’ble Mr. Justice Ujjal Bhuyan and Hon’ble Mr. Justice Manojit Bhuyan disposed the PIL 67/2006 as infructuous on 30.08.17”.
“The next delimitation exercise will take place only on the basis of the first census after the year, 2026 till when the delimitation exercise have been deferred.”
“The victory of the PIL also successfully prevented the possible transfer of political power from the tribal hills to foothills with major compositions of population who are non-tribal and non-indigenous inhabitants. The CPO expresses its profound gratitude to the Effected MLAs and concern communities who stood by us with logistic supports,” the CPO added.
It may be recalled that the Census of 2001 had steep artificial growth in some districts of Nagaland and the state government also had to discard the census data. The suspicions were proven right after the Census 2011 exercise when many districts showed negative population growth and there was a fall in the decadal growth among the rest.
