DASANGLU PUL Vs. LUPALUM KRI

JUDGEMENT

(1.) The appellant is before this Court assailing the judgment and order dtd. 25/4/2023 passed by the Gauhati High Court, Itanagar Bench in Election Petition No.3 of 2019. Through the said judgment and order the High Court has arrived at a conclusion that the appellant herein who is the returned candidate had not presented her nomination paper in accordance with Sec. 33 of the Representation of the People Act, 1951 ('R.P.Act' for short) and as such the nomination paper of the appellant is liable to be rejected under Sec. 36(2)(b) of R.P. Act, 1951. In that view, it is held that the improper acceptance of the nomination by the Returning Officer has therefore materially affected the result of the election. Hence the election of the appellant from 45-Hyuliang (ST) Assembly Constituency in the election held pursuant to the notification dtd. 18/3/2019 is declared as void under Sec. 100(1)(d)(iv) of the R.P. Act 1951. The appellant therefore claiming to be aggrieved by the said judgment and order is before this Court in this appeal.

(2.) We have heard Mr. Jaideep Gupta, learned senior counsel for the appellant, Mr. Santosh Paul, learned senior counsel for the respondent and perused the appeal papers.

(3.) The brief facts to be noted is that the appellant and her late husband belong to the Mishmi tribe in Arunachal Pradesh. The husband of the appellant Late Khaliko Pul was the sitting member of the Legislative Assembly from 45- Hyuliang (ST) Assembly Constituency. As permitted under the custom of the said tribe, Late Khaliko Pul married the appellant during May, 2015 as his third wife. The said Late Khaliko Pul died intestate on 9/8/2016. He is survived by three wives (including the appellant) and seven sons. On the death of the husband, the appellant, for the first time contested from the said constituency in the bye-election that ensued on 19/11/2016 and was successful. After the completion of the term of the assembly for the earlier period, when the elections were notified on 18/3/2019, the appellant filed her nomination on 22/3/2019. She enclosed the relevant papers which included the affidavit under Form 26 of Rule 4A of the Conduct of Election Rules, 1961 ('Rules 1961' for short).