DIMAPUR: Citing a Supreme Court directive, the Nagaland authorities on Saturday stated the state authorities are duty-bound to conduct the urban native physique (ULB) polls as notified.
The authorities requested the registered voters beneath the ULBs to whole-heartedly take part within the ULB election scheduled to be held on May 16 and make it a convincing success.
Gu
Drawing consideration to media stories on opposition to the approaching ULB polls by some quarters, principal secretary to the Nagaland authorities, I Himato Zhimomi, issued a clarification on the calls for of some civil society organisations and urban our bodies that sure provisions of the Nagaland Municipal Act 2001 be amended earlier than holding the election.
The authorities clarified that the Supreme Court within the CA case no. 3607/2016 PUCL vs the state of Nagaland has, after a sequence of hearings, directed that the ULB election have to be held in Nagaland with none additional delay in accordance with the 74th Amendment of the Constitution that stipulates 33% reservation of seats for girls in ULBs. In its ruling on February 13, the apex court docket directed the state authorities to situation a notification for the ULB election by March 9.
It stated in compliance with the SC order, the state election fee issued the notification on March 9 with the polls scheduled for May 16 and the mannequin code of conduct was accordingly enforced.
On the problem of “tax on land and buildings” as raised by the organisations, the federal government stated the provisions relating to it have already been faraway from the Nagaland Municipal Act, 2001 (third modification in 2016). It stated the modification of Section 120 (1) (a) states that “all references and operative provisions relating to tax on land and buildings wherever these occur in the Nagaland Municipal Act, 2001 shall be deemed to have been omitted”.
Regarding the request by some quarters for substitute of the phrase “deleted” in lieu of “omitted”, the federal government stated it has been made. It was additionally clarified that as per the authorized opinion, the phrases mission, omitted and deleted don’t have any distinction however must be learn as of the identical that means and character within the context of the modification situation in query.
After the announcement of the ULB election, three urban our bodies of the state stated the third modification of the Nagaland Municipal Act, 2001 in 2016 with regard to “tax on land and buildings” as talked about in sections 120(4) & (5), Section 121 (1) (a), sections 143, 144, 145 and 182 (d) seems to have been quoted with the phrase ‘omission’ or ‘omitted.’ They demanded that the phrase ‘omission’ and ‘omitted’ get replaced with the phrase ‘deleted’.
On recommendations for nominating girls in ULBs with voting rights as an alternative of 33% reservation of wards for girls, the federal government stated the SC in its judgment dated 22.02.2022 categorically struck down this submission as “something naturally not acceptable”.
The authorities stated reservation of chairpersons for girls within the ULBs was notified as per Section 23B of the Nagaland Municipal Act, 2001 (as amended). To result in truthful play, the rotation relies on the alphabetical order of the ULBs, it added.
The authorities additionally made point out of the SC judgment dated 14.3.2023 that claims “the poll schedule will not be disturbed now and the election process will be completed in terms of the schedule. The state election commission and the government to make all necessary arrangements to ensure free and fair elections in pursuance to the notification and any violation by any authority or citizen in breach thereof would be an act in breach of the order of this court”.
“Accordingly, the next hearing in the apex court is scheduled for May 18 only to ensure that the ULB election process is over,” the federal government added.
The authorities requested the registered voters beneath the ULBs to whole-heartedly take part within the ULB election scheduled to be held on May 16 and make it a convincing success.
Gu
Drawing consideration to media stories on opposition to the approaching ULB polls by some quarters, principal secretary to the Nagaland authorities, I Himato Zhimomi, issued a clarification on the calls for of some civil society organisations and urban our bodies that sure provisions of the Nagaland Municipal Act 2001 be amended earlier than holding the election.
The authorities clarified that the Supreme Court within the CA case no. 3607/2016 PUCL vs the state of Nagaland has, after a sequence of hearings, directed that the ULB election have to be held in Nagaland with none additional delay in accordance with the 74th Amendment of the Constitution that stipulates 33% reservation of seats for girls in ULBs. In its ruling on February 13, the apex court docket directed the state authorities to situation a notification for the ULB election by March 9.
It stated in compliance with the SC order, the state election fee issued the notification on March 9 with the polls scheduled for May 16 and the mannequin code of conduct was accordingly enforced.
On the problem of “tax on land and buildings” as raised by the organisations, the federal government stated the provisions relating to it have already been faraway from the Nagaland Municipal Act, 2001 (third modification in 2016). It stated the modification of Section 120 (1) (a) states that “all references and operative provisions relating to tax on land and buildings wherever these occur in the Nagaland Municipal Act, 2001 shall be deemed to have been omitted”.
Regarding the request by some quarters for substitute of the phrase “deleted” in lieu of “omitted”, the federal government stated it has been made. It was additionally clarified that as per the authorized opinion, the phrases mission, omitted and deleted don’t have any distinction however must be learn as of the identical that means and character within the context of the modification situation in query.
After the announcement of the ULB election, three urban our bodies of the state stated the third modification of the Nagaland Municipal Act, 2001 in 2016 with regard to “tax on land and buildings” as talked about in sections 120(4) & (5), Section 121 (1) (a), sections 143, 144, 145 and 182 (d) seems to have been quoted with the phrase ‘omission’ or ‘omitted.’ They demanded that the phrase ‘omission’ and ‘omitted’ get replaced with the phrase ‘deleted’.
On recommendations for nominating girls in ULBs with voting rights as an alternative of 33% reservation of wards for girls, the federal government stated the SC in its judgment dated 22.02.2022 categorically struck down this submission as “something naturally not acceptable”.
The authorities stated reservation of chairpersons for girls within the ULBs was notified as per Section 23B of the Nagaland Municipal Act, 2001 (as amended). To result in truthful play, the rotation relies on the alphabetical order of the ULBs, it added.
The authorities additionally made point out of the SC judgment dated 14.3.2023 that claims “the poll schedule will not be disturbed now and the election process will be completed in terms of the schedule. The state election commission and the government to make all necessary arrangements to ensure free and fair elections in pursuance to the notification and any violation by any authority or citizen in breach thereof would be an act in breach of the order of this court”.
“Accordingly, the next hearing in the apex court is scheduled for May 18 only to ensure that the ULB election process is over,” the federal government added.
