NEW DELHI: Remarking that threat of “violence” cannot be cited for postponing the elections, the Supreme Court on Monday directed the Nagaland govt to notify the local elections with reservation for women.
A bench headed by Justice SK Kaul directed the state govt to notify on the same while considering a plea by Rosemary Dvuchu, a woman activist. She had challenged Nagaland Assembly’s resolution dated September 22, 20212 that exempted operation of Part IX A of the Constitution which mandates 33% reservation for women in municipal and town councils in the State.
The court also directed the state election commission to place on record the election notification by March 14, 2023.
Deprecating the stand taken by the state, the court in its order said, “We pursued the affidavit of State Govt. We do not appreciate the stand taken where the threat of violence has been cited. Local elections with reservations for women cannot be postponed on the excuse of such threats. You notify the election. List for directions on 14th March 2023 by which date Election Commission to place on record the election notification.”
For the petitioner (PUCL), Senior Advocate Colin Gonsalves had argued that the state had earlier also taken this stand for postponing the elections. “There was every likelihood of violence and this statement of violence and future violence was used three times. In 2009, now again 13 years later,” he added.
Earlier the court had directed the state election commission to complete the election process and declare the results before the end of January 2023.