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Synopsis

A Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundaresh today directed the Nagaland State Election Commission and the State to conduct the local body elections and declare the result by the end of January 2023.

Court has further directed that a report in this regard be filed by the second week of February 2023.

The court was hearing a plea by PUCL and Rosemay Dzuvichu, challenging a resolution passed by the Nagaland Assembly exempting operation of Part IX-A of the Indian Constitution which enforces 33% women reservation in the local bodies. Despite the resolution having been withdrawn in 2016, the reservation still remains unimplemented.

On the last date of hearing, the court slammed the State Government of Nagaland for non-implementation of the notification for 33% reservation for women. Court asked the State Election Commission to file an affidavit informing the bench about the exact date when the Election will be notified.

When the matter came up for hearing today, the SEC informed the court that they have filed an affidavit. It was submitted that the SEC requires the permission of the State to conduct the election. 

Court, however, made it clear that they had kept the case for hearing today only for the purpose of being apprised of the dates of the election.

The counsels for the State government and the SEC informed the court that they intend to notify the election in January next year. The court, however, was not satisfied with the reply and remarked that the elections have not been held in last 12 years.

Court, thus, directed that the elections to be held and results to be declared by the end of January 2023. The bench also clarified that they were not accepting the SEC’s affidavit.

Case title: PUCL Vs State of Nagaland