Kohima: In response to the Eastern Nagaland People’s Organisation (ENPO)’s announcement of abstaining from the upcoming Urban Local Bodies (ULB) polls, the State Election Commission (SEC) has issued a show-cause notice to the apex tribal body representing seven Naga tribes.
The SEC had announced the election schedule for the conduct of general election to three Municipal Councils and 36 Town Councils in the State on April 29.
In mid-May, the ENPO had announced its decision to abstain from the civic polls and addressed a letter to the SEC.
The Commission through a press release on May 17, with a copy endorsed to the ENPO had stated the vital facets of the conduct of such elections as the Municipal /Town Council election and why the decision to vote or not to vote should be left to the conscience and freedom of the individual voter concerned without being subject to some collective stance, while also referring to the Notice of Contempt served on several entities in the State by the Supreme Court of India with potential legal ramifications entailing the action of such collective abstention under the umbrella and influence of any organisation.
However, the ENPO reiterated its stand collection decision to abstain from participating in the ULB elections.
The Commission stated that public declaration of abstention made through an organisation not only goes against the basic tenets of Universal Adult Franchise and the constitutional and inviolable rights of absolute freedom of conscience and choice in electoral participation that every eligible citizen is entitled to, but it also amounts to exerting undue influence that should otherwise not be used either directly or indirectly in connection with the free exercise of electoral participation.
“As per the IA No. 69269 of 2023 in Civil Appeal No. 3607 of 2016 consequent upon the Notice of Contempt served on you, among others, by the Hon’ble Supreme Court of India, you, as the President of the ENPO, and as a Respondent to the Notice of Contempt, are under legal obligation to comply with the orders of the Supreme Court on ensuring a free, fair and undisturbed electoral environment and to refrain from any action that influences or tends to influence, that interferes or tends to interfere with the free exercise of franchise and of electoral participation of eligible citizens residing in the Eastern Nagaland region,” the SEC said in the notice.
The repeated public declaration made through the instrument of the organisation, which is essentially a pressure group and unrelated to the constitutional privilege of an electorate or an elector, is deemed to be an attempt to interfere with and to infringe on the individual rights of the electorate to freely and without fear or undue pressure participate in the electoral process on the basis of Adult Franchise, and also deemed to be an interference with the superintendence, direction and control of the conduct of all municipality elections vested in the State Election Commission (SEC), Nagaland, stated the SEC.
The SEC notified that Sub-section (1) of Section 171 C of the Indian Penal Code, 1860 states, “Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.”
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It further stated that the President of the ENPO has superintendence over its organisation and over the Eastern Nagaland Public Emergency Control Room with its Headquarters in Tuensang district, Nagaland,
In this regard, the Commission has directed the ENPO to show-cause to the SEC why action as per sub-section (1) of Section 171 C of the aforesaid Code should not be initiated.
Also Read | Eastern Nagaland body reaffirms abstention from ULB polls