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The Supreme Court of India issued a notice challenging the order in a plea issued by the Union of India on 30th July 2020.
The order issued by the union was under Section 10A of Delimitation Act which states that "Notwithstanding anything contained in sections 4,8,9, if the president is satisfied that a situation has arisen whereby the unity and integrity of India are threatened or there is a serious threat to the peace and public order, he may, by order, defer the delimitation exercise in a State. Every order laid under this Section shall be laid before each House of Parliament."
Whereby in the State of Nagaland the delimitation exercise, based on the 2001 census has been resumed. Brelithamarak V. Union of India is a plea that challenged the decision of the Central Government on commencing delimitation exercise in Assam. The Supreme Court bench comprising of Chief Justice of India SA Bobde, Justice AS Bopanna, and Justice V. Ramasubramiun tagged the present plea with this plea.
On May 27, 2020 a notice was issued by the same bench on the plea that is filed by 2 residents of Assam stating that the decision to conduct the pending of delimitation was a hasty decision. Chakhesang Public Organisation (CPO) has moved a resent writ petition on behalf of Dharamprabhas Law Associated seeking legal remedies to protect the rights of tribesmen.
The plea contends that there is an abnormal increase in population in a few districts and the possible reason can be to grab more assembly seats than other districts which will create a serious disparity in representation of various tribes. In the proposed delimitation assembly seats, it can be seen that seats are snatched from the tribal and hilly area for the advantage of the valley district.
The petitioner mentioned that on May 18, 2005 Nagaland State Assembly took the decision to call for a fresh census, and this on August 22, 2005, it was duly informed by the Principal Secretary, Government of Nagaland to Registrar General and Census Commissioner of India. The plea also seeks to quash of delimitation order dated February 28, 2020.
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