The 14th Nagaland Legislative Assembly (NLA), on Tuesday resolved and adopted a resolution to unanimously repeal the Nagaland Municipal Act 2001 in toto with immediate effect, taking serious note of the stiff voices of opposition to the Urban Local Bodies (ULB) elections under the Nagaland Municipal Act, 2001 by the tribal bodies, civil society organisations and other sections of the society.
“The House unanimously resolves on this day, the 28th March 2023, that the Nagaland Municipal Act 2001 be taken up for repeal in toto with immediate effect, and to govern the Urban Local Bodies, law be enacted expeditiously which will take into consideration once and for all the grievances of all the interested parties so that the elections could be conducted in accordance to the Law,” it read.
Following the adoption of the resolution, the House passed the Nagaland Municipal Act 2001 (Repeal Bill, 2023).
The matter was taken up on Discussion on matters of urgent public importance where Minister KG Kenye, supported by MLA Namri Chang and Advisor Kropol Vitsu, initiated the discussion.
The house noted that the implementation of the Act has always been fraught with much controversy due to public perception that the Act functions contrary to the spirit of Article 371-A.
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It pointed out that numerous resolutions were passed by this house in the year 2012 exempting Nagaland from the provisions of Part lX A of the Constitution of India pertaining to 33% reservation for women in municipalities and town councils. This said resolution, however, was revoked by another resolution in the year 2016 by this house.
The State Election Commission in 2016, had notified for the conduct of the ULB election on 1 February 2017. Following the announcement, it evoked serious reactions from various tribal bodies and organisations representing various tribes of Nagaland leading to agitations and bandh across the state which led to the damage of government properties and loss of lives.
Subsequently, Nagaland government declared the election process to the ULBs null and void.
The house maintained that election to the ULBs was resolved on 9 March 2022 and to be conducted as per the 74th Amendment Act of the Constitution of India however, various tribal bodies and other organisations passed resolutions for overhauling the Nagaland Municipal Act 2001 so that it is in consonance with the provisions of Article 371-A of the Indian Constitution and till then, boycotted to participate in the ULB elections.
The government, in the meanwhile, received reports about law and order situation which could worsen with the passage of time in the event of the elections being held without making the demanded changes.
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Accordingly, the cabinet met on two occasions to resolve the impasse. By the time it came to light that there will be no participation in these elections owing to the strong reactions to boycott the polls by all the tribal hohos, the cabinet viewed that if people are not willing to come forward to participate in the elections, they cannot be compelled to do so.
The house deliberated on the matter and deemed that the ULB election cannot be conducted unless the Nagaland Municipal Act 2001 is repealed.
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