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Nagaland local body elections with 33% women's reservation: Supreme Court issues stay order

Nagaland local body elections with 33% women's reservation: Supreme Court issues stay order

The Supreme Court has stayed the Nagaland government's decision to cancel the local body elections in the State with 33% reservation for women mandated by the top court earlier.

The bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah has issued notice to the State government in the contempt proceedings in this regard.

Supreme Court issues stay order

The Central government's reply has been sought with regard to the prayer of the original petitioners seeking deployment of central paramilitary forces in the State.

The contempt proceedings will now be heard on April 17.

The Court has made it clear that it cannot allow defiance of its earlier orders in this regard.

The order came on a petition moved by activist Rosemary Dzuvichu and the People's Union for Civil Liberties (PUCL) challenging a resolution passed by the Nagaland State Assembly on September 22, 2012, which exempted the operation of Part IX-A of the Constitution that mandates 33% reservation for women in local bodies in the state.

In 2016, the above resolution was withdrawn by the Nagaland Assembly, even as the reservation is yet to be implemented.

In the last hearing on March 14 this year, the State Election Commission had told the Court that the polls will be held on May 16, soon after the State assembly elections.

However, on March 30 it cancelled the notification of the same citing the opposition from some tribal pressure groups.

This move has now been stayed by the top court, which has issued notice to the State government in the contempt proceedings and sought the Central government's reply on the prayer of the original petitioners seeking deployment of central paramilitary forces in the State.

Case: People's Union for Civil Liberties (PUCL) & Anr. vs State & Ors.
Counsel for Applicant: Shri Colin Gonsalves
Counsel for Opposite Party:  Ms K. Enatoli Sema, Ms Pinky Behera
Order Date: 05.04.2023
Read Order: Download PDF
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