NEW DELHI, Dec 16 — The Election Commission will not be able to set up new polling booths in the disputed Assam-Nagaland border during the forthcoming Nagaland Assembly polls, as the Supreme Court today ordered status quo following protest by Assam Government. The EC has now to confine polling to the 36 booths in the disputed Assam-Nagaland border as its plea for setting additional booths were rejected by the apex Court. The Commission had filed an application before the Court seeking directions to Assam to allow it to set up new booths in the area.
A two-member Bench comprising Chief Justice GB Patnaik and Justice KG Balakrishnan after hearing all the sides ruled that status quo should be maintained and the number of polling booths should not exceed those set up in 1991 polls. Assam Government’s case was pleaded by advocate KK Venugopal, who was assisted by advocates representing Corporate Law Group including Krishna Sarmah and Meghali Borthakur. In response to the plea by the EC to set up additional booths in the disputed area because of the increase in population, Assam Government argued that setting up additional booths would amount to violation of the Constitution of India and franchise laws of the country as people of the area were citizens of Assam. It was brought to the notice of the apex Court that Nagaland Government in every election has been asking for additional polling booths in the disputed areas. Assam Government’s counsel pleaded that it favoured status quo and number of booths should not exceed the number used in earlier elections.
Meanwhile, in another development, the Supreme Court allowed the State Government to make additions to the original plaints submitted by it in 1988 in the boundary dispute case against Nagaland. The addition pertains to the fresh encroachments by Nagaland in the disputed border areas. Assam Government’s case was butressed by the findings of GK Pillai Committee report which also confirmed fresh encroachments in the forest areas mainly in the districts of Sivasagar, Jorhat and Golaghat among others. Assam Government was given four weeks to file the new plaints with the details of fresh encroachments by Nagaland. Meanwhile, Arunachal Pradesh has submitted the terms of reference of the new boundary commission that will go into the inter-state boundary disputes between Assam and Arunachal Pradesh and Assam-Nagaland. Assam’s terms and reference has been send to the two concerned states.