The full text of the resolution to repeal the Nagaland Municipal Act, 2001 that was passed unanimously on the last day of the 1st session of the 14th Nagaland Legislative Assembly is as follows:
“The House has noted the stiff voices of opposition to the Urban Local Bodies Elections under the Nagaland Municipal Act, 2001 by the Tribal Bodies, Civil Society Organizations and every section of the society. The House has also taken note that the implementation of the Nagaland Municipal Act 2001 has always been fraught with much controversy due to the public perception that the Act runs contrary to the spirit of Article 371-A.
Unanimous Resolutions were passed by this House in the year 2012 exempting Nagaland from the provisions of Part IX 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 This said resolution however, was revoked by another resolution in the year 2016 by this House.
Then in December 2016, election program was notified by the State Election Commission for elections to the ULBs, wherein the date of poll was scheduled on the 1st February, 2017. There was, as we are all aware, wide spread agitation and bandhs declared all over the State by various Tribal Bodies/Hohos and organizations representing the various tribes of Nagaland. The Government was faced with a delicate law and order situation, where various government buildings were burned down and precious lives were also lost. The entire State machinery also came to a standstill for several weeks, as the organizations had called for closing down of all Government offices and banned plying of all Government vehicles during this period.
Considering the overall situation, the Government had to declare the election process to the ULBs as null and void.
On 9th March, 2022 a resolution was passed in the State Level Consultative Meeting wherein the various tribal bodies and other organizations were present in which it was resolved that the elections to the Urban Local Bodies (ULB) should be conducted as per the 74th Amendment Act of the Constitution of India. While the Government was gearing up for conducting the election various tribal bodies and other organizations passed resolutions for overhauling the Nagaland Municipal Act 2001 so that it is in consonance with the provisions of Article 371-A of the Constitution of India and till then boycotted/refused to participate in the Urban Local Bodies Elections. Meanwhile the Supreme Court of India had already given directions to go ahead with the elections. The Government in the meanwhile received reports about the law and order situation which could worsen with the passage of time in the event the elections are held without making the demanded changes.
Accordingly, the Cabinet met on two occasions to resolve the impasse. By the time it came to light that there will not be any participation in these elections owing to the boycott by all the Tribal Hohos and various organizations. The defining trait of law is its enforceability. If people are not willing to come forward to participate in the elections they cannot be compelled to do so. In these circumstances the Cabinet resolved to refer the matter to the Legislative Assembly for discussion.
The House has deliberated in the matter, and deems that the Urban Local Bodies election cannot be conducted unless the Nagaland Municipal Act 2001 is repealed.
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 law.” The resolution was considered and unanimously passed by the August House.
After five days of successful session, the Speaker, Nagaland Legislative assembly, Sharingain Longkumer Adjouned, Sine Die the first session of 14th NLA on 28th March 2023.
(Gaizam, Nongozo, Wepre, Thungti Chang, Avika & Tiakumla)