ROSEMARY DZUVICHU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The instant writ petition is filed seeking a direction to the Respondents to immediately hold elections for Municipal Councils and Town Councils throughout Nagaland with one-third of the seats reserved for women in accordance with Article 243T(3) of the Constitution of India and Section 23A of the Nagaland Municipal (First Amendment) Act, 2006, for short, Amendment Act of 2006. The Petitioners have also prayed for a direction to set aside and quash a Cabinet decision dated 16.12.2009 as well as a Notification dated 11.1.2010 issued by Commissioner and Secretary to the Government of Nagaland, whereby, in view of the Government's decision to postpone indefinitely the elections of Municipal Councils and Town Councils due in the month of January/February, 2010, apart from dissolving the Municipal Councils and Town Councils with effect from their respective dates of expiry of tenure, Executive Officers were appointed as Administrators in respect of the dissolved Municipal Councils/Town Councils to perform and discharge the functions of the Municipal Councils/Town Councils until such time elections are held to constitute the Municipal Councils and Town Councils.

(2.) The minutes of the Cabinet meeting held on 16.12.2009 in respect of Agenda No. 23, namely, 'Representation of Municipal Council and Town Council Forum on election issue and related matters' is incorporated in Office Memorandum dated 21.12.2009. It will be worthwhile to reproduce herein below the aforesaid Office Memorandum dated 21.12.2009 at the very outset:

(3.) The case projected by the Petitioners in the writ petition is that though the Constitution and the Nagaland Municipal Act, 2001, for short, the Act, require elections to be held to the Municipal Councils and Town Councils with one-third reservation for women, the Respondent authorities have not held elections. It is further stated that in view of the provision of Section 23A of the Amendment Act of 2006, all male members who were directly elected from the wards which had become reserved for women were deemed to have vacated their seats within 180 days from 30.8.2006 i.e. by the end of February 2007, yet the Respondents permitted the male members to continue till the term of the bodies expired in between 19.12.2009 and 9.3.2010.