The State Election Commissioner, Nagaland T. John Longkumer, IPS (Retd) has informed to conduct elections to the Municipal and Town Councils in the State in a free and fair manner within the bounds of law and Act as provided for and as per relevant statutory provisions, rules and regulations for the time being in force.
The Government of Nagaland has enacted the Nagaland Municipal Act 2023 to provide for, inter alia, the framework for the conduct of Municipal and Town Council Elections and, in accordance with the relevant provisions of the Act, framed the Nagaland Municipal Election Rules 2023 to regulate the conduct of elections and its adherence by all concerned.
In this regard, Section 41, 42 and 43 of the said Act expressly lays down the qualification as also the disqualification and eligibility provisions for all citizens who are otherwise eligible and qualified, or do not suffer from any disqualification conditions as provided therein, for being a member of a Municipal / Town Council Ward and / or to vote at the election.
It further stated that Rule 22 read with sub-rule (1), (3) and (4) of Rule 23 of the Nagaland Municipal Election Rules 2023 clearly outlines the regulations whereby a person can vote or stand in election or be nominated as a candidate.
Other than what is explicitly laid down in the Act, Rules or instructions and directions issued from time to time by the Commission, any violation thereof or any deviation from the established statutes, rules, or instructions by making extraneous rules/regulations by any groups/individuals or municipality Wards in conflict with those legally laid down not only vitiates and undermines the electoral process and level playing field but also renders such contravention unlawful and liable to penal action as per relevant provisions of the law.
In light of the above, all the Deputy Commissioners and the Returning Officers were directed to ensure that the conduct of elections to the Municipal / Town Councils in the respective districts operate within the laid down provisions of the Nagaland Municipal Act 2023, the Nagaland Municipal Election Rules 2023 as enunciated above and under relevant guidelines as are made applicable through manuals/instructions/directions that the Commission has issued/issue from time to time.
Further, DCs and ROs are to ensure that other than those expressly laid down by the Government and the Commission, any extra-statutory rules and regulations made and adopted by any other groups/associations/municipality Wards in so far as it curtails/deprives the rights and eligibility of an otherwise eligible ward resident to vote or to stand in the current or future Municipal/Town Council elections are effectively checked and not allowed to vitiate and undermine the electoral process.
The elections to the 418 wards across 28 Municipal/Town Councils are scheduled to be conducted on 26th June 2024 with 33% reservation for women.
