Nagaland SEC issues show-cause to ENPO on ULB elections

DIMAPUR: The Nagaland State Election Commission (SEC) directed Eastern Nagaland People’s Organisation (ENPO) president Tsapikyu Sangtam to show cause without delay why action should not be initiated as per sub-section (1) of Section 171 C of the IPC for repeated public declaration of the organisation’s stand of collective abstention from participation in the upcoming urban local body (ULB) elections in the state scheduled for June 26.

In a notice to the ENPO president dated May 31, state election commissioner TJ Longkumer said 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.

It is 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.

The commission referred to sub-section (1) of Section 171 C of the IPC, 1860, which 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".

The ENPO areas cover six districts of eastern Nagaland.

The organisation boycotted the recently held Lok Sabha elections in the state over its demand for creation of Frontier Nagaland Territory comprising the six districts of the region.

Longkumer said the ENPO president has superintendence over its organisation and the eastern Nagaland public emergency control room with its headquarters at Tuensang.

The notice pointed out that the ENPO in a press statement that appeared in local papers on May 16 made public its stand to collectively abstain from participating in the ULB elections, with a letter no. ENPO/GEN/SEC.NL/01 dated May 15, 2024, addressed to the state election commissioner on May 16.

Longkumer said the commission vide a press release dated May 17, with a copy endorsed to the ENPO president, had stated the vital facets of the conduct of such elections as the municipal and town council elections 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.

He also referred to the notice of contempt served to several entities in the state by the Supreme Court with potential legal ramifications entailing the action of such collective abstention under the umbrella and influence of any organisation.

Despite this, Longkumer said, the ENPO had, through a press statement that appeared in local papers on May 31, again publicly declared its stand of collective abstention from participation in the ULB elections.

“The public declaration of abstention en bloc 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,” the notice said.

It said as per the IA No. 69269 of 2023 in Civil Appeal No. 3607 of 2016 consequent upon the notice of contempt served to the ENPO president, among others, by the Supreme Court, Sangtam, as the president of the ENPO, and as a respondent to the notice of contempt, is under legal obligation to comply with the orders of the Supreme Court in 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.