ES Reporter 

ITANAGAR, Apr 25:  In a significant political development from 45-Hayuliang Constituency, the Guwahati High court Itanagar Bench hearing the Case No. Election Pet. 3/2019 has issued an order declaring the Assembly Election-2019 of the said constituency as “Void” under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.
The High Court in its order stated that the petitioner Lupalum Kri filed his nomination paper to contest the election of Member of Legislative Assembly from 45-Hayuliang(ST) Assembly Constituency, as a candidate, set-up by the Indian National Congress (INC). Likewise, the respondent/returned candidate Dasanglu Pul had also filed her nomination paper to contest the election for the 45-Hayuliang(ST) Assembly Constituency, as a candidate set-up by the Bharatiya Janata Party (BJP).
On the day of scrutiny of the nomination paper, on 26.03.2019; the petitioner had filed a written objection before the Returning Officer with a prayer for rejection of nomination paper of the respondent/returned candidate. The grounds put-forth for rejection of the nomination paper of the respondent/returned candidate was non-disclosure properties of her spouse late Kalikho Pul.
Despite the objection raised by the election petitioner, the nomination paper of the respondent/returned candidate was accepted by the Returning Officer on 26.03.2019 and consequently, there was a contest between the petitioner and the respondent/returned candidate and on the basis of the poll conducted on 11.04.2019 and counting of the votes polled done on 23.05.2019; the respondent/returned candidate was declared elected as the Member of Legislative Assembly from 45-Hayuliang(ST) Assembly Constituency by securing 5663 votes as against 4591 votes secured by the petitioner.
The petitioner, therefore, by means of this Election Petition, seeks declaration of the election of the respondent/returned candidate as a Member of Legislative Assembly from 45-Hayuliang(ST) Assembly Constituency, as void; for not having disclosed the properties of her spouse mentioned  as required to be disclosed in Form 26.
Thus, from a thorough consideration of the entire matter, the Court is of the opinion that in the present case, the respondent/returned candidate had not presented her nomination paper in accordance with Section 33 of the Representation of the People Act, 1951, and, as such, the nomination paper of the respondent/returned candidate is liable to be rejected under Section 36(2) (b) of the Representation of the People Act, 1951. Hence, the improper acceptance of the nomination of the respondent/returned candidate by the Returning Officer, therefore, has materially affected the result of the election of the respondent/returned candidate.
Consequently, having answered the issues,the election of the respondent/returned candidate from 45-Hayuliang (ST) Assembly Constituency in the election held pursuant to the General Notification dated 18.03.2019, issued by the District Election Officer, Hawai, vide No. ANJ/ELN/GELT-9/2019, is declared void under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

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Kenter Joya Riba

(Managing Editor)
      She is a graduate in Science with post graduation in Sociology from University of Pune. She has been in the media industry for nearly a decade. Before turning to print business, she has been associated with radio and television.
Email: kenterjoyaz@easternsentinel.in / editoreasternsentinel@gmail.com
Phone: 0360-2212313

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