KOHIMA: The Nagaland Legislative Assembly on Tuesday, unanimously resolved to repeal the Nagaland Municipal Act (NMA) 2001 “in toto” after a thorough discussion by members on the last day of the first session of the 14th Assembly session.
Experts were of the opinion that this major political development will have far reaching implications, legally and politically.
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With this, the notification announced for holding polls to ULBs in Nagaland has also been suspended till law makers amend clauses in the Nagaland Municipal Act 2001.
Also read: Amend Nagaland Municipal Act 2002 before holding ULB polls, groups tell Govt
After through deliberation, the House deemed that the Urban Local Bodies election cannot be conducted unless the Nagaland Municipal Act 2001 was repealed.
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NMA 2001 was enacted for demarcation of jurisdictions of municipal and town councils.
It was amended in 2006 under 74th amendment to include 33 per cent women reservation.
Also read: JCC opposes civic body polls without review of Nagaland Municipal Act
Then in 2016 it was amended to include tax on land and buildings in municipal areas.
Nagaland Power and Parliamentary Affairs minister, KG Kenye initiated the discussion under matters of urgent public importance pertaining to the Urban Local Bodies and supported by Namri Nchang, MLA and seconded by Advisor, Kropol Vitsu.
The House also took note of the stiff opposition to the ULB elections by tribe bodies, civil society organizations and every section of the society against the implementation of the NMA 2001.
Nagaland Chief Minister Neiphiu Rio narrated the history of the Act while taking part in the discussion.
Recalling the series of events that had taken place in the past, Rio said the State Government, enacted the NMA 2001 while Article 243T, in Part IXA of the Constitution, was inserted by the 74th Constitutional Amendment Act, 1992.
He pointed out that the Nagaland Municipal (First Amendment) Act-2006 by insertion of S-23 A and S-23 B in terms of Article 243 I of the Constitution of India and subsequently, in the year 2008, Mokokchung Municipal Council was selected as the first ULB in the State for holding elections in accordance with the provisions providing for 33 per cent reservation of seats for women.
Also read: Neiphiu Rio urged to repeal/amend Nagaland Municipal Act
However, elections had to be called off due to massive opposition to the provisions providing 33 per cent reservation of seats in the ULBs, he said.
Nagaland CM added that the State Cabinet decided to finally defer conduct of election to the municipalities, thereby dissolving the existing municipalities on expiry of their respective tenure in January 2009.
Rio said after the election was notified by the State Election Commission to the ULBs in December 2016, wherein the date of holding was scheduled on the February 1, 2017, there was wide spread agitation and bandhs declared all over the State by various tribe bodies/Hohos and organizations representing the various tribes of Nagaland.
In the following years, as the matter regarding the ULB elections was under litigation in the Supreme Court, the Government made efforts to secure confidence of all stake holders in the matter, and reach a consensus, but there was not much headway.
Then Supreme Court on February 22, 2022 issued a directive to the state for holding elections to the ULBs within 6 (six) weeks.
Rio said in view of the Supreme Court order, the government took initiative and held a state-level consultative meeting with all the stakeholders, including tribal hohos, mass-based organizations on March 9, 2022.
The Supreme Court in its hearing on February 13, 2023 directed the State government/SEC to hold elections to the ULBs with the election programme to be notified on the March 9, 2023.
On the same day, the State Election Commission issued notification to election to the ULBs with the date of poll scheduled on May 16, 2023.
Also read: Nagaland: Naga apex tribal bodies to boycott urban body polls if Municipal Act not amended
The urban based organizations in three of the State’s biggest towns; the Associations of Kohima Municipal Ward Panchayat, the All Ward Union Mokokchung Town, and the Dimapur Urban Council Chairman Federation immediately approached the Government demanding review/amendments of the Nagaland Municipal Act 2001.
Rio said all these indicated that there had been serious concerns and opposition raised to holding the ULB elections as per the provisions of the NMA, 2001, among the tribal bodies and CSOs and that there existed a genuine and deep fear that the provisions were in contravention of Article 371 A among a large section of the people.