STATE OF NAGALAND Vs. ROSEMARY DZUVICHU

JUDGEMENT

(1.) The aforementioned appeals in succession, witness assailments of the order dated 27.04.2012 passed in C.M.C. No. 39(K)/2012 as well as C.M.C. No. 40(K)/2012 and the judgment and order dated 21.10.2011 rendered in WP (C) No. 147(K)/2011. The delay in filing the later appeal has been condoned by order dated 27.6.2012 passed in MC No. 1373/2012. The learned counsel for the respondents having entered appearance at the admission stage, the appeals were heard on merits in view of the urgency expressed and are being analogously disposed of hereby. We have heard Mr. K.N. Balgopal, learned Advocate General, Nagaland assisted by Shri S.L. Jamir, Addl. Advocate General, Nagaland, Shri Kakheto Sema, Addl. Advocate General, Shri T. Koza, Advocate and Shri T. Ao Govt. Advocate, Nagaland for the appellants, Mr. C. Gonselves, Senior Advocate assisted by Ms. D. Ghosh, Advocate for the respondent Nos. 1 & 2 and Ms. Y. Longkumer, learned Counsel for the proforma Respondent No. 3, the State Election Commission, Nagaland, Kohima (hereinafter for short referred to as the 'SEC').

(2.) A brief resume of the pleadings would outline the indispensible factual backdrop to appropriately appraise the rival contentions. The Respondents No. 1 & 2, introducing themselves to be the members of Naga Mothers' Association, an unregistered body functioning as the Apex Body of Naga Tribe women's Organisations of which the women of the State of Nagaland are members had approached this Court seeking invocation of its writ jurisdiction to annul the decision dated 16.12.2009 of the Nagaland State Cabinet and the consequential Govt. notification dated 11.01.2010, postponing indefinitely the elections to Municipal and Town Councils of the State, dissolving the existing bodies and appointing the concerned Executive Officers of the dissolved Councils as Administrators to discharge their functions until such time, elections are held to constitute the same. A consequential direction to the State respondents and the SEC to hold the elections for all the Municipal and Town Councils in the State of Nagaland in accordance with Section 23A of the Nagaland Municipal (First Amendment) Act, 2006 (hereinafter for short referred to as the Act, 2006) and the Government notification dated 16.11.2009 to that effect was also sought for in this petition registered as WP (C) No. 147(K)/2011. The respondents/writ petitioners pleaded, in essence, that as enjoined by Article 243T(3) of the Constitution of India and mirrored in the Act, 2006, l/3rd of the seats in the Municipal and Town Councils in the State of Nagaland had been reserved for women and the Government of Nagaland and SEC were obligated in law to hold elections in compliance thereof and that they having failed to do so, judicial intervention for redressal was of imperative necessity. They averred that the State Government initially had by the notification dated 16.11.2009 allowed the wards to be reserved inter alia for women in the election contemplated. As, though, the tenure of all Municipal and Town Councils expired between 19.12.2009 and 9.3.2010, in terms of Section 25(1) of the Nagaland Municipal Act, 2001 (also for short hereinafter referred to as the Act, 2001), elections were not held as required. According to the writ petitioners, though in terms of Section 83(1) of the Act, 2001 election to a municipality if cannot be held or completed before the expiry of its duration as specified in Section 10 or before the expiry of period of six months of its dissolution due to certain special, emergent or unforeseen circumstances, the Government may by notification appoint a Government Officer to be known as Administrator to exercise, perform and discharge the powers, duties and functions of a municipality, no such eventuality did in fact exist justifying the impugned action. They alleged that the actual reason for delaying the elections is the illogical and unfair opposition to the provision of reservation for women, constitutional and legal mandate to the contrary notwithstanding. That the plea that situation was not conducive to hold such elections was belied by the bye-elections in the State held earlier in the year 2011 for Aolengden constituency without any hindrance or disruption to the peace process was underlined. They imputed as well that after the expiry of the term of the concerned municipalities in the year 2009, the said authorities illegally invoked Section 23A(5) of Act, 2001 in constituting Committees/Advisory Boards with male members though reservation for women for these Wards had by then been prescribed by Act, 2006. Referring to the speech of Dr. Shurchozelie, Minister of Urban Development, Govt. of Nagaland made on 08.10.2010, the writ petitioners maintained that Act, 2006 heralding reservation for women in Municipal and Town Councils of the State was valid and that the sudden turn around by the State Cabinet on the specious reference to the representations submitted on behalf of Naga Hoho and Eastern Naga People's Organisation and other bodies voicing their opposition to 33% reservation of seats for women and indefinitely postponing the elections in the context of on going reconciliation and peace process in the State and for maintenance of harmony in the society was neither logical nor bona fide.

(3.) While contending that the reasons cited for the deferment of the elections are wholly irrelevant and illusory and that therefore the Cabinet decision dated 16.12.2009 and the consequential notification dated 11.01.2010 are non est in law, the writ petitioners have also drawn sustenance of their plea from the key note address made by the Hon'ble Chief Minister of the State on 08.10.2010 at the State Level Consultative Meet on "Municipal Elections and Women's Reservations" endorsing reservation for women to accord equitable and honourable status to them so as to enable them to have a reasonable share in the system of governance of local bodies and thus to enable them to graduate to the State Assembly and the Parliament.