Nagaland: HC Kohima Bench hearing matter relating to ‘consensus candidate’

October 28, 2022 45 Views No Comment

Morung Express New
Kohima | October 28

With the tenure of 13th Nagaland Legislative Assembly ending early next year and political parties as well as intending candidates, sounding the poll bugle, an election-related matter ‘unique’ to some areas in Nagaland has reached the Gauhati High Court, Kohima Bench.

The matter is in the form of a writ petition against the declaration of a “consensus candidate” and ‘consequential notice’ issued thereafter.

The matter was heard before a Single-Judge Bench of Justice Songkhupchung Serto on October 27.

As per the Court’s order, the Chungtia Senso Meeting (Chungtia Citizens’ Meeting) on December 28, 2021 “resolved that in the coming General Election of the Nagaland Legislative Assembly, one Maj. B. Toshikaba Longchar shall be the consensus candidate of the village for the 28 Koridang A/C (Assembly Constituency).”

Consequently, a notification was issued by the Chungtia Village Council (CVC) “informing and warning all the villagers” that if they go against the resolution passed on December 28, they will “be fined 7 pigs.”

Aggrieved by the resolution passed, the petitioner T Chalukumba Ao, a citizen of the village, approached the Court “challenging the resolution and the consequential notice.”

The State of Nagaland represented the Chief Secretary; Commissioner, Nagaland; Deputy Commissioner Mokokchung; CVC represented by the Chairman; and the ‘consensus candidate’ are respondents of the petition.

Accordingly, the HC Kohima Bench issued notice to the respondents, making the same returnable within five weeks.

As for the interim prayer for the stay of the December 28, 2021 resolution as well as the “consequential notice” issued by the CVC, the Court stated that the matter would be heard on the returnable date.

Meanwhile, the apex citizen organisation of Mongsenyimti, another village under Mokohchung, in an announcement dated October 23, informed that a citizen of the village has ‘voluntarily’ given up citizenship rights and has been ‘excommunicated.’

However, in a clarification later, the concerned individual informed that the issue was election-related and he ‘gave up’ his citizenship over his inability to accept a resolution adopted during a Citizens’ meeting last December declaring a particular person as the village’s candidate in the upcoming Assembly election. The declaration was followed by a notice by the village council restricting any otter villagers from contesting, apart from the declared candidate.

It most be noted here that the declaration of citizen’s candidate by villages has been a ‘unique’ practice prevalent in many villages of the State, particularly in Mokokchung district.

The practice, in various avatar, continues despite the “Clean Election Campaign’ (CEC) spearheaded by the Nagaland Baptist Church Council (NBCC), first launched in 2012, and revived before each election.

In the run-up to the 13th Nagaland Legislative Assembly in 2018, NBCC had signed an 18-Point Agreement of Church and Political Parties on Clean Election on June 22, 2017.

The signatories – NPF, NPCC, BJP, JD (U), NDPP, NC, and AAP- then affirmed that NBCC and political parties should work together in addressing the evils of elections.

Among others, the signatories pledged that they would “not insist/force Clan, Khel, Village, and family to declare support for a particular candidate.” However, village councils were not part of the agreement.

The official State machinery also runs parallel campaigns, particularly the Systematic Voters Education & Electoral Participation (SVEEP) activities.

Most recently, before the bye-elections to 4-Southern Angami-I and 60-Pungro- Kiphire A/Cs on November 3, 2021, the office of the Chief Electoral Officer Nagaland issued an order stating that, “Open declaration of support in favour of a particular candidate/political party by a village/ward/khel or community through public announcement and even through publication in electronic/print media etc” violates Section 135A of Representation of the People Act 1951.

Nevertheless, the practice crop-up in the public domain from time to time.

Source: https://morungexpress.com/nagaland-hc-kohima-bench-hearing-matter-relating-to-consensus-candidate