Women Reservation: Government clarifies on Supreme Court order

Dimapur, May 31 : The State Directorate of Municipal Affairs today issued a clarification on Supreme Court’s order pertaining to the issue of 33% reservation to women in Urban Local Bodies (ULB) and also the Assembly Resolution. Joint Director & HOD, A. Zanbemo Ngullie in a statement said, the Order only entails that the matter shall now be argued on its own turn as a regular matter, which may take some time before it is finally decided. He also said, there is no stay of the Legislative Assembly’s Resolution (22.09.2012) and it continues to hold the field. The statement clarified that the Supreme Court of India has neither adjudicated upon the merits of the case nor has it issued any directions to the State of Nagaland and that it is under no obligation to hold elections to ULBs and any communication or information to the contrary is misleading. Stating that the State of Nagaland awaits the final outcome of the Civil Appeal, Ngullie said, “A bare perusal of the Order passed in the mentioned matters reveals that the Supreme Court of India has been pleased to convert the Special Leave Petition into a Civil Appeal [Civil Appeal No. 3607/2016].” The Order (dated 05.04.2016) was passed by the Supreme Court of India in Special Leave Petition (Civil) (No. 26794/2012) and Writ Petition (Civil) (No. 242/2014) pertaining to the issue of 33% reservation to women in the Urban Local Bodies (ULB) within the State of Nagaland and also challenging the Assembly Resolution (dated 22.09.2012) exempting the operation of Article 243-T [one-third reservation of seats for women in the ULBs] of Part IX-A of the Constitution of India to the State of Nagaland. “It is relevant to point out that the directions issued by the Learned Single Judge on 21.10.2011 were not sustained by the Division Bench and were replaced by the operative Directions issued by the Division Bench on 31.07.2012. The Directions issued by the Learned Single Judge were subsumed and merged with the Impugned Judgment passed by the Division Bench.” Ngullie said, “The Stay on the implementation of the Impugned Judgment by the Supreme Court of India does not operate to revive the Single Judge’s Decision and Directions. Also, there is no stay of the Legislative Assembly’s Resolution dated 22.09.2012 though the same was challenged in the afore-mentioned Writ Petition, thus, implying that the Assembly Resolution dated 22.09.2012 continues to hold the field.”