23 Sep : Whereas, in pursuance to the Govt. Notification under Section 25(i) of Nagaland Municipal Act, 2001 to conduct the first election to Mokokchung Municipal Council, the State Election Commission under Sub-Section 2 of Section 25 of Nagaland Municipal Act, 2001 read with Rule 20(1) & (2) of Nagaland Municipal Rule, 2003 announced the election programme for the conduct of election to Mokokchung Municipal Council vide its notification No.SEC/MMC/2005/216 dt. 2/9/08;
Whereas, that no nomination paper(s) had been filed till the last date and hour fixed for nomination i.e. upto 3 p.m. of 19th September 2008 from any of the 15 Wards under Mokokchung Municipal Council;
Now, therefore, the State Election Commission in pursuance of Section 30(1) of the Nagaland Municipal Act, 2001, hereby directed that the election programme announced by it for conduct of election to Mokokchung Municipal Council vide Notification No.SEC/MMC/2005/216 dt. 2/9/08 be called off with immediate effect;
Further, the State Election Commission under the provision of Rule 31 (2) of the Nagaland Municipal Rule, 2003 direct that since the ward(s)/constituencies of Mokokchung Municipal Council have failed twice to elect their representative to the Mokokchung Municipal Council as per the Notification of the Commission, the State Election Commission shall not be bound to call again upon the ward(s)/constituencies to elect their representative until it is satisfied that if called upon again, there will be no such failure on the parts of the ward(s)/constituencies.
The notice of the Nagaland state election commission to call off the election under section 30(1) of the Nagaland Municipal Act appears to be contrary to the object for which the law was made.When the law of election has been made the same should be made dynamic and vibrant because it forms the basic of self-governance.For this reason state municipalities have given constitutional status vide the 74 th amendment of the constitution in 1992..What I suggest is that to begin the institution of self governance and to get over the teething trouble some provision should be introduced by way of amendment such as nominate some eligible persons to operate the council and to get themselves elected at later stage etc.Howewver there should be political will to activate the law so made.