Seat- Sharing, Opposition-less, and the Truth

My father served in the Indian Army, and my uncle (Dad’s sole brother) served in the Naga Army in the 1960s. While still a boy, a well-intentioned relative of mine once confided in me that my Grandfather endorsed such contradiction in the family for the envy of Indian Army dress and tax waiver from the Naga Army. Baffled, yet unfortunate not to have Grandpa around to confirm the truth. A similar dilemma lingers as I prepare for 27 Feb. 2023 Polling Day. Here are Questions that bother me as a citizen and a Christian trying to make sense and act (vote) right.

1. Why seat-sharing and opposition-less?

My 11 years of marriage tells me that it sometimes takes bitter disagreement and confrontation to forge a better way forward. And to think about running a system devoid of an opposition citing a strawman - mother- of – all - agenda is disturbing, to say the least, and dangerous at best. Could there be other reasons besides the professed agenda that has triggered to forfeit the foundation of democracy - a healthy opposition to mend checks and balances? Should this seat- sharing and opposition-less be just a game of convenience to remain in power and preempt the likelihood of genuine opposition, then the Truth is not in the system. Promises are broken.

2. Who benefits by sharing seats and not being opposed?

Naga culture elevates men in general and chronologically older men in particular. Leadership in the System, Organizations, Institutions, and Church reflect such truths. An inevitable time-consuming process is required to acquire a high position. However, giving an unprecedented chronological vested ad - vantage over qualification, talents, and the Truth is a pretense. Then again, who is the actual real winner in this seat- sharing? Bigger numbers are not winner everywhere.

3. What could be the ideology behind seat-sharing and opposition-less? My father-in-law, who faithfully served the Naga cause in the 1950s, recounted that they got lost on many occasions while traversing the dense forest. Amidst fear, anxiety, anger and frustration, a piece of advice to follow the ‘indistinct’ sound in the bush almost every time miraculously led the group to safety. Has the present system, people working for the exact cause, given up on those miraculous escapades and the ideals behind the cause? Dangerous yet driven by an emboldened ideology of simplicity and Truth. Are we trading an identity and a long-cherished ideology for development and make-believe peace? Does the system have a creed? Or even try to have one? Development in and of itself is no ideology. Truth is misplaced.

4. Whose generation is asking for seat- sharing and no opposition? The generation of contestants for the forthcoming election falls beyond Baby Boomers (1940s-1950s) to the Millennials (1981-1996) and three more generations. Each generation marks substantial, sometimes exclusive, differences. Then again, one wonders where the initiative is coming from, for such a compromise. Compromise because there are pronounced differences across generations globally regarding ideologies, preferences, livelihood choices, and quality of life.

So again, where is the voice of the people represented? Or should we say that people of Nagaland across generations has no differences of opinion? Or sold-out?

From loincloth to wardrobe and machete to pen/technology, Nagas have come a long way. Breaking the barriers of separation based on clans and tribes, Nagas have successfully adapted the change of time. However, it has now become essential for every right thinking Nagas to pause and ponder whether ‘Evolution’ in its truest sense has taken place during these 59 years of existence or just mere ‘Adaptation’ of mode of living of the advanced race without any basis is the ugly bitter truth.

Reasonable time has lapsed but the reality is still evidently adverse. Nagaland as a State will truly be independent when every Naga starts to think reasonably and act responsibly. It is time for every Naga to realize that every individual is a necessary component of our Naga society. It is when every Naga starts to understand that ‘prosperity of an individual can only be said to be positive when it favours the enhancement of the society and not contrary’ can there be any reformation.

With the 14th Nagaland Legislative Assembly Election around the corner, it is very important for every eligible Nagas to retrospect the phase and outcome of our 13th Nagaland Legislative Assembly Election. The genuine deplorable condition of the State of Nagaland is not unknown. It would not be wrong to admit that the Nagas are still unitedly separated by choice. Therefore, it is a reasonable time to know and disseminate the structure of our democratic system under the Union of India;

State: Article 12 of the Constitution of India define the State as the Government and Parliament of India and the Government and the Legislature of each of the State and all local or other authorities within the territory of India or under the control of

5. Do seat- sharing and Opposition-less breed leadership and a conducive environment for growth, creativity, and progress?

Naga customs and traditions, by and large, does not encourage healthy debates between chronologically different age groups, leave alone other tribes, religion, and ideologies etc. Therefore, is the opposition- less and seat- sharing just a convenient way to maintain status quo? It is imperative to underscore that the younger generation representatives are rather voice-less, bound by family, clan, village, tribe, church, and political party- politics! Is the more youthful generation, sitting in the chair and contesting, lured to shun speaking for themselves or even enticed to talk about something they do not believe? Are the younger generation representatives even allowed to represent the people correctly?

6. Is seat- sharing and opposition- less, making themselves more opaque or transparent to the public? With the make-believe social media doing its rounds, the public thinks they know something about the system. This assumption can be far from the truth. With the increasing gap between the rich and the poor (billionaires in the Naga society, mounting unemployment and unemployabilty), information that the general public is exposed to is either too little or too late. Blunder and decision errors are conveniently covered up. E.g. What are the condition of schools and higher education in Nagaland today? The only State in India where one Medical College cannot be put together to run? The Indian Institute of Science Education and Research (IISER), an autonomous premier publicfunded research institute given to Nagaland, could not materialize! This estab- the Government of India. State

Legislature: Article 168 of the Constitution of India provides for the constitution of Legislatures in States consisting of the Governor and two House or one House. The two House of the Legislature of a State are Legislative Council and Legislative Assembly. There is only a Legislative Assembly in the State of Nagaland comprising of 60 members chosen by direct election as provided by Article 170 of the Constitution of India.

Qualification & Disqualification For Legislative Assembly

Article 173 provides that a citizen of India who is not less than 25 years of age and possess such other qualifications as prescribed by law made by the Parliament as qualified for membership in the Legislative Assembly of a State. Section 5 of the Representations of the People Act, 1951 (the Act of 1951 in brevity) further provides that to be a member of Scheduled Castes or Scheduled Tribes and an elector for any Assembly Constituency in that State to be a member of Legislative Assembly in the case of a seat reserved for any of those Castes or Tribes. It may be mentioned that Article 332 provides for reservation of seats in the Legislative Assemblies of the States for Scheduled Cates and Scheduled Tribes. Out of the existing 60 seats in the Nagaland Legislative Assembly, 59 seats are reserved for the Scheduled Tribes of Nagaland under Article 332 (3A) except Dimapur-1 Constituency.

Disqualifications under Article 191 are person holding any office of profit under the Government of India or State, unsound mind, undischarged insolvent, not a citizen of India, disqualified by or under any law made by Parliament and disqualified under the Tenth Schedule. Chapter III of the Act of 1951 also provides for disqualification if a person is lishment had one potential of nurturing many science students in their Master’s and Research level courses, which in return would have revolutionized the Science terrain in the State. In the stark absence of a civic space and underdog, one can only imagine how the system is being run under multi-millionaire businesspersons at best. Irrespective of political parties, the exclusivity of the elite and the shared-opposition-less among this elite is what will make the system more opaque, not transparent. Portrayals of supposed consultations with Civil Society Organizations (CSO) are but a facewash and networking among elite CSO leaders at best.

7. Is seat- sharing and opposition-less incorruptible or more corrupt?

Of late, it’s been said that the Directorate of Enforcement (ED) brought opposition parties together, which no voters could do in India. With the legislative, executive, and judiciary being managed on the one hand and impunity on the other, the latter is the norm of the day, with the balancing act being done at the expense of the public. Does one wonder how a 1.5 km stretch to the largest hospital in the State and in Dimapur is left in such a deteriorated condition? Who pays the price of heart attack, stroke, miscarriages, and critically ill patients whose life hinge on every precious second? What about the resources and time wasted by all citizens because of the debilitated road connectivity? Nagaland is yet to hear about compensation for accidents due to bad road conditions and negligence. Forgetting other road connectivity, the Road Traffic Accidents (RTA) between Dimapur and Kohima due to systemic negligence of the system is worth pondering. Discussions on systemic

February, 2023’

convicted of an offence under any law made by Parliament. From the date of conviction, such person shall be disqualified which shall continue for a further period of 6 years since his release. Some other grounds for disqualification are corrupt practices at the election, corruption or disloyalty by the employee of the Government of India or State, unfinished contract with the appropriate Government, agents of any Company or Corporation where the appropriate Government holds 25 percent or more and on failure to lodge account of election expenses.

Election & Right To Vote

Article 326 of the Constitution of India provides for election of members to the Legislative Assembly on the basis of adult suffrage (right to vote) by persons who is a citizen of India and not less than 18 years of age.

Right to Vote is a Constitutional as well as Statutory Right. Article 19(1)(a) provides for right of expression which ultimately facilitate the right of the people to elect and to vote. Section 62 of the Act of 1951 also provides for right to vote.

Corrupt Practices

The Act of 1951 introduced free and fair electoral system. Part IV of the Act of 1951 deals with the corrupt practices and electoral offences and the same are extracted hereinbelow:

Section 123: Corrupt Practices Bribery: Any gift, offer or promise made by a candidate or his agent or his accomplices to induce a person to stand or not to stand as candidate at an election and an elector to vote or refrain from voting at an election would deem to have committed the offence.

Undue Influence: Any attempt or interferences made by a candidate or his agent or his accomplices with the free exercise failure to effectively implement schemes and projects are long forgotten. Is this silence the product of a shared-opposition-less venture among the elite class in the Naga society?

8. What are ordinary citizens’ opportunity costs for the shared, oppositionless system? The utmost commodity Nagas trade with this supposed development is the irreconcilable identity and ideology. They are imperceptible because they use the same language (at least trying), wear the same fashion, and are supposedly eqi-distant. However, the ugly truth is the reality of the indistinguishable, yet irreconcilable gap between the ‘Haves’ and the ‘Have nots’. On a closer look at the situation in the county and at home, one sees the contrast and the doubletongued narrative of persecution and totalitarian regime on the one hand and the narrative of peace and development on the other. Point is, what cost are we paying (individually and corporately) for the current balancing act of the system for a developed land?

9. What are the priorities of the seat-shared and opposition-less system?

Given the geopolitics of North East India, Act East is perhaps necessary for ‘the road map’ to reach the far East beyond Nagaland. Nagaland stands in the way. Peeking into the overloaded manifesto on development, one must ask, at what cost do we trade development? What are greater agendas being fulfilled? Is the greater religious mission being compromised? What if a coup of a different kind is being played out fundamentally in a spiritual realm that Nagas do not want to acknowledge? There is impending danger in manipulating the truth and mixing religion with politics. To me, the of any electoral right would deem to have committed the offence.

Animosity: A candidate or his agent or his accomplices appealing to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language OR the appeal or use of religious symbols, national symbols for furtherance of the prospects of that candidate shall deem to have committed the offence.

Excess Expenditure: Failure to keep a separate and correct account of all expenditure in connection with the election and also exceeding the prescribed expenditure amount of Rs. 28 Lakh by the Election Commission of India for small State such as Nagaland shall deem to have committed the offence.

Booth Capturing: Any candidate or his agent or his accomplices capturing electoral booth for the furtherance of the prospects of that candidate shall deem to have committed the offence.

Penalties For Electoral Offences Under The Act Of 1951 objective is not development but rather development at all costs.

Section 125 prescribes a punishment with imprisonment upto 3 years or fine or with both for any person who promotes enmity between classes in connection with election.

Section 127 prescribes a punishment with imprisonment upto 6 months or with fine to any person who causes disturbances at any election meetings.

Section 128 prescribes a punishment with imprisonment upto 3 months or with fine to any vote recording agents or person who contravenes with maintenance of secrecy of voting.

Section 130, 131 & 132 prohibits canvassing, disorderly conduct & misconduct in or near any polling station as punishable with fine which may extend to Rs. 250/- and with imprisonment upto 3 months or with fine, respectively.

10. Do I vote for a shared-opposition-less system to be established?

I want to cast my vote not based on tribe, age, experience, denomination, charisma, or the eloquence of the individual contestant but evaluate the ideology of the Party they represent and the conviction of the person therein. This is not to ignore the person’s integrity and the means employed towards meeting the ends. Perhaps it is also time for us to think collectively as a people responsible for establishing the right system. We dare not isolate ourselves as people of this party and that party, people of this and that tribe, people of this and that gender, people of this and that denomination, people in politics or people in the civil society, or people in the church or people in the bureaucracy or people in the academic… Can we envision ourselves as a family and extended family based on the Truth? Therefore, we are! Karl Barth once said, “Take your Bible, take your newspaper, and read both. But interpret newspapers from your Bible.” Can we interpret the times and seize the opportunity of being at this time and place to be part of (re)establishing the Truth within us and the society we live in? Being judged by history is one thing; to be judged by God (Truth) is quite another. To be opposed by men is one; to be opposed by God is tragic. Let us do our part and vote. Let us appreciate our choices (NOTA included), and let the right system be established. I believe, amidst the supposed contradictions, Truth still exists. 27th February 2023 - Polling day is a proof that Truth has not forsaken His people. Truth awaits! Stay vigilant; be on the side of the Truth.

Dr. Samuel Wati, 4th Mile Diphupar

Section 132A further provide for cancellation of the ballot paper of any elector who fails to observe procedure for voting.

Section 134A prescribes an imprisonment upto 3 months or with fine for Government servants for acting as election agent, polling agent or counting agent.

Section 134B also prescribes imprisonment upto 2 years or with fine for any unauthorized person who is armed near a polling station.

Retrospection: In all fairness, the outcome of 27.2.2023 is going to govern every citizen for the coming 1825 days. Should not every right thinking citizen be mindful of the fact that it is time for amendment? It is not reasonable to accept that it is time to be futuristic rather than being materialistic. The old fashion of election has to be done away with by equipping ourselves with the aforementioned basic legal principles. Surrendering our right to elect and vote at the disposal of the corrupt will only ensure the replication of the present condition. Expecting changes in Nagaland without changing first is an appeasement of a fool. We must raise above the walls of clan, tribe, community and money politics. “We must stop ourselves from giving in to our WANTS and start dealing with our NEEDS”. As a successful Society or State is not build in a day, it is the aspiration of the citizens which has the might to alter the course of journey to a desired harbour. Nagaland deserves better so does every denizen. The antidote to all our grievances is Good Governance which is plausible if every eligible voters exercise his/her franchise responsibly on 27.2.2023. Therefore, it is ardently appealed to every citizen to become the force in our quest for a beautiful, brighter and bounteous Nagaland. C. Talimoa, B.A. (Hons.), LL.B.

Snippets

Elephant kills 16 in 12 days in Jharkhand

RANCHI, FEB 21 (PTI):

A tusker has allegedly killed 16 people in five Jharkhand districts in the past 12 days with four in a single block of Ranchi district on Tuesday, forest officials said. This has prompted the Ranchi administration to impose prohibitory order under Section 144 Cr PC in Itki block prohibiting gathering more than five people to restrict further casualties, Ranchi divisional forest officer Srikant Verma said.

Speeding truck kills woman with disabilities

THANE, FEB 21 (PTI):

A woman with physical disabilities was killed by a speeding truck in Maharashtra’s Thane district on Tuesday, a police official said. The 40-year-old victim was walking along a road when she was run over at Shivaji Chowk in Bhiwandi, said the official. She was later identified as Kavita, a local resident, said the official. Passersby caught hold of the truck driver and handed him over to the police, he said.