Deputy Commissioner, Zunheboto in a notification stated that declaration of Village/Area/Range consensus candidates by public/range/area organizations/Village Council is violative of various election related laws and offence under the Indian Penal Code.

Undue influence at elections including interference or any attempt to interfere with the free exercise of electoral right by any means such as threat of injury/restraint is an offence under Sections 171C, 339 and 340 of IPC. Under Section 125 of Representation of the People Act 1951, any attempt to promote enmity between classes in connection with elections on grounds of religion, race, caste, community or language constitutes electoral offence and is also punishable under Sections 153A, 153B, 295A and 505 (2) of IPC.

The same has been reiterated by the ECI in its instructions No. 437/6/INST/2014 CC&BE dated 26.04.2014 that further prohibits any organization or group from activity or statements that amounts to attack on personal life of any person or is malicious or offends decency and morality. Violation of same by any organization can also lead to debarment and denial of permission to hold any further programmes/activity.

Further, the Village Councils being auxiliary to the administration under Section 15 of the Nagaland Village Council Act 1978 is bound to be neutral in matters related to elections.

Therefore, all the Public/Range Organisations/Village Councils are to take due note of above provisions of law and refrain from declaration of Village/Area/Range consensus candidates or any other activity that subverts free exercise of electoral right by any means such as threats of injury or wrongful confinement.

Any organizations/persons that violate the same shall be dealt with strictly under the applicable penal provisions of law.

(Avika Awomi IA Zunheboto)