LIKHA SAAYA Vs. NIKH KAMIN

JUDGEMENT

(1.) By filing an election petition, under Sections 80, read with Section 81 of the Representation of People Act, 1951 ('the ROP Act'), the opposite party herein has called, in question, the election of the present petitioner (who stands impleaded in the election petition as respondent No. 1) to the Legislative Assembly of Arunachal Pradesh from 16 Yachuli (ST) Constituency. This election petition has given rise to Election Petition No. 5/2009 and it is in this election petition that the present miscellaneous application, under Section 86 of the ROP Act, has been made by respondent No. 1 of the said election petition. With the help of this miscellaneous application, respondent No. 1 has sought for dismissal of the election petition alleging non-compliance of the provisions of Section 81 of the ROP Act by the election petitioner.

(2.) The challenge to the maintainability of the election petition rests on several grounds.

(3.) The first challenge to the maintainability of the election petition is on the ground that in the first page of the Election, Petition the date of presentation has been mentioned by the election petitioner as '11.30.2009', whereas the election petitioner has mentioned, in other places of his election petition, namely, affidavit, verification, etc., the date of presentation as '30th day of November, 2009'. Respondent No. 1, therefore, contends that it is not possible to figure out as to when the election petition had, as a matter of fact, been filed. Thus, according to the respondent No. 1, the date of presentation of the election petition being not clear, the election petition needs to be held to have not been validly presented and is, therefore, liable to be dismissed by invoking the provisions of Section 86 read with Section 81 of the ROP Act.