The State Election Commission Nagaland on May 10 issued a clarification on qualification for membership of municipal/town council. It clarified that any person who is a registered elector of a Ward in a Municipal/Town Council is eligible to contest from any Ward of that particular Municipal/Town Council
The clarification issued by Wonchio Odyuo, NCS, Secretary, State Election Commission referred to Section 41 of the Nagaland Municipal Act 2023 in the context of elections to the Municipal/Town Councils, which mentioned: “A person shall not be qualified to be chosen as a member unless he/she has attained the age of 21 (Twenty one) years and his/her name is registered as an elector in the electoral roll for a ward.”
Earlier, the Commission received a communication from Niuland Town Council vide letter NO.ULB/ELE-2/GEN/2022 dated 6th May 2024 seeking clarification on whether an individual/candidate registered as an elector in the electoral roll of a Ward can contest in the election as a candidate in another/other Ward where he/she is not registered as a voter but is an elector within the same Municipality/Town.
“In this regard, as per the clarification received from the government vide letter NO.MAC- 65/2016(PT-1) dated 16th March 2023 following a letter dated 13th March 2023 from the Commission seeking clarification on the particular section as cited above, it is hereby clarified for information of all Municipality Returning Officers in the State that any person who is a registered elector of a Ward in a Municipal/Town Council is eligible to contest from any Ward of that particular Municipal/Town Council,” mentioned the clarification.
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This implies that a person if he/she is registered as an elector in the electoral roll of a Municipality Ward can contest from another Ward but within the same Municipality even though he/she may not be a registered elector in the Ward in which he/she intends to stand as a candidate.
The Commission, however, maintained that the enabling provision has to be read in harmony with the relevant restrictive provision of Rule 22 of the Nagaland Municipal Election Rules 2023, as is applicable in this instant case, which lays down that no person shall not stand for election in more than one local authority or Municipality. It may also be noted that the nomination of a candidate in a particular Ward, if he/she is not disqualified for membership of the Municipality under the provisions of Section 42 of the Act, should be done by a proposer who is a registered elector in the Ward from where the nomination is presented, as provided for under Rule 23 (2) of the Nagaland Municipal Election Rules 2023.
