Nagaland Election 2023: Declaration of consensus candidates illegal, cautions Wokha district administration

Nagaland's Wokha district deputy commissioner, Ajit Kumar Ranjan on January 4, 2023 said that the declaration of village/area/range consensus candidates by various organisations/village councils/range organisations for the forthcoming Nagaland assembly elections is violative of various election-related laws and offence under the Indian Penal Code.

In a notification, Ranjan said undue influence in elections, including interference or any attempt to interfere with the free exercise of the electoral right by any means such as the threat of injury/restrain, is an offence under Section 171 C, 339 and 340 of IPC.

“Under Section 125 of Representation of the People Act 1951, any attempt to promote enmity between classes in connection with elections on grounds of religion, race, caste, community or language constitutes an electoral offence and is also punishable under Section 153A, 153B, 295A and 505 (2) of IPC,” the notification said.

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It said the same has been reiterated by the ECI in its instructions No. 437/INST/2014–CC&BE on April 26, 2014, that further prohibits any organisation or group from activity or statement that amounts to an attack on the personal life of any person or is malicious or offends decency and morality.

It said violation of this by any organisation can also lead to debarment and denial of permission to hold any further programmes or activities.

The notification pointed out that the village councils being auxiliary to the administration under Section 15 of the Nagaland Village Council Act 1978 are bound to be neutral in matters related to elections.

The DC asked all the public/range organisations/village councils to take due note of the provisions of the law and refrain from the declaration of village/area/range consensus candidates or any other activity that subverts the free exercise of the electoral right by any means such as threats of injury or wrongful confinement. Any organization or persons that violate the law will be dealt with strictly under the applicable penal provisions of the law, he said.