{"id":99527,"date":"2016-10-10T01:00:00","date_gmt":"2016-10-10T01:00:00","guid":{"rendered":"http:\/\/151.106.38.4\/2016\/10\/10\/govt-cedes-legal-battle-in-apex-court\/"},"modified":"2016-10-10T01:00:00","modified_gmt":"2016-10-10T01:00:00","slug":"govt-cedes-legal-battle-in-apex-court","status":"publish","type":"post","link":"https:\/\/nagalandpost.net\/index.php\/2016\/10\/10\/govt-cedes-legal-battle-in-apex-court\/","title":{"rendered":"Govt. cedes legal battle in apex court"},"content":{"rendered":"

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When the government of Nagaland on October 8, issued notification for holding municipal and town councils polls, it came after the Supreme Court granted leave to the appeal filed by the representatives of the Naga Mothers Association (NMA) Rosemary Dzuvichu (advisor) and Abeiu Meru (president) in the form of Special Leave Petition (SLP) with regard to holding civic polls. <\/span><\/div>\n
 While granting leave, the Supreme Court also stayed the implementation of the impugned judgement and order dated July 31, 2012 passed by the Gauhati High Court. (The High Court order passed by a Division Bench, stayed the October 2011 order passed by a Single Bench court directing the government to hold municipal and town council polls on or before January 20, 2012).<\/div>\n
The Supreme Court passed the order on April 5, 2016 and was to take up the case further before issuing its final order\/judgment.<\/div>\n
Interestingly, it was learnt that in its report to Supreme Court during the early part of October, the state government informed that it was going to conduct the municipal elections with 33% women reservation in the month of December, 2016.<\/div>\n
Earlier, chief minister T.R. Zeliang said it was decided to resolve the issue since the state has been incurring huge expenditure on litigation which could go on for years.<\/div>\n
 When contacted, several senior advocates both in Kohima and Dimapur, have pointed out to Nagaland Post, that the Supreme Court order on April 5, 2016 was not final.<\/div>\n
On April 9, 2016 the NMA, which is spearheading the demand for hold civic polls as per the Nagaland Municipal Act 2001and amended in 2006, (besides implementation of 33% women reservation), wrote a letter to the chief minister T.R. Zeliang informing him about the order of the Supreme Court. <\/div>\n
In the letter the NMA, also informed the chief minister that the said order had revived the order of the Single Bench Judge of the Gauhati HC Kohima Bench (on October 21, 2011) which had quashed the decision of the Nagaland Cabinet in postponing civic polls indefinitely. <\/div>\n
However, while the Supreme Court was explicit in its order by staying the order of the Division Bench of the Gauhati HC but made no mention of revival of the order of the Single Bench Judge (ordering that polls be held by January 20, 2012.) <\/div>\n
When asked the reason for announcement of civic polls even before the Supreme Court pronounced its final order\/judgement, senior advocates were of the view that the chief minister (and cabinet) may have done so in response to the letter from the NMA.<\/div>\n
Kma Village Council reacts<\/div>\n
Meanwhile, expressing displeasure over the decision of the state government to hold civic polls with implementation of 33% women reservation, Kohima Village Council (KVC) maintained that the state should not accede to any Act passed by Parliament. <\/div>\n
KVC president Medoselhou Kerets\u00fc told Nagaland Post that, KVC had opposed 33% women reservation since the very beginning and so termed the cabinet decision to hold polls as \u201ca bit hasty\u201d. <\/div>\n
Medoselhou reiterated his view that such a decision on the issue of 33% women reservation, should have been taken only after wide consultations with all stake holders . <\/div>\n
 He maintained that political empowerment through reservation was like a decoration without having true mandate of public. Medoselhou said such women who stand for open election and succeed should be welcomed and encouraged specially when women these days were proving themselves to be better than menfolks.<\/div>\n
 An advocate summed up the episode saying \u201c it appears to have been a fixed match\u201d between the petitioners and respondents adding that the government itself rendered the case infructuous by taking the cue from the NMA\u2019s letter.<\/div>\n
 <\/div>\n
\n<\/div>\n","protected":false},"excerpt":{"rendered":"

When the government of Nagaland on October 8, issued notification for holding municipal and town councils polls, it came after the Supreme Court granted leave to the appeal filed by the representatives of the Naga Mothers Association (NMA) Rosemary Dzuvichu (advisor) and Abeiu Meru (president) in the form of Special Leave Petition (SLP) with regard […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[679],"tags":[],"class_list":["post-99527","post","type-post","status-publish","format-standard","category-nagaland-news"],"_links":{"self":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/posts\/99527","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/comments?post=99527"}],"version-history":[{"count":0,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/posts\/99527\/revisions"}],"wp:attachment":[{"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/media?parent=99527"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/categories?post=99527"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nagalandpost.net\/index.php\/wp-json\/wp\/v2\/tags?post=99527"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}