BENGIA MENIA Vs. DEPUTY COMMISSIONER DIST LOWER SUBANSIRI

JUDGEMENT

(1.) The facts in this case are as simple as brief, and even uncontroverted.

(2.) In the year 2009, elections to the Legislative Assembly of the State of Arunachal Pradesh were held. For 16-Yachuli Assembly Constituency, 3 candidates filed their nomination papers, of whom, one belonged to All India Trinamool Congress ('TMC in short) and Anr. beionged to Indian National Congress ('INC in short). On 18.09.2009, the General Secretary, Incharge, Elections, Arunachal Pradesh Congress Committee ('APCC' in short) issued a whip to all the Panchayat leaders to discharge their duties for the victory of the INC nominees in the said election. But defying the said whip, the present Petitioners, except Petitioner No. 7, became the proposers for candidate nominated by TMC party. The Petitioner No. 7 also acted as the counting agent for the said TMC candidate after the poll was over. It may be mentioned that there was a requirement of at least 10 proposers for a candidate for contesting in the election. In the said backdrop, the Respondent No. 3, in the capacity of Vice-President, APCC, addressed a letter dated 16.10.2009 to the Principal Secretary-cum CEO, Yachuli, Pistana, Lower Subansiri District, requesting him to disqualify the Petitioners and Ors. under the provisions of Arunachal Pradesh Local Authorities (Prohibition of Defection) Act, 2003 (hereinafter referred to as 'Prohibition Act' only) and the said letter was forwarded to the Deputy Commissioner, Lower Subansiri District, who is the competent authority under the said complaint under the said Act. The Petitioners and other concerned parties were intimated about the said complaint and on being so informed, the Petitioners placed their respective cases by way of filing affidavits. The Respondent Deputy Commissioner after hearing the parties and on consideration of the materials placed, passed an order on 21.04.2010 holding that the Petitioners have voluntarily given up their membership of INC party and also declaring them disqualified and thereupon, declaring their seats as stood vacant under Section 3(1)(a) of the Prohibition Act, as amended in 2006. However, by a subsequent corrigendum, the order dated 21.04.2010 aforesaid was modified in respect of Petitioner No. 6 Sri Tayo Nibing inasmuch as the Panchayat seat held by him was outside the territorial jurisdiction of Deputy Commissioner, Lower Subansiri District. The aforesaid order dated 21.04.2010 passed by the Respondent Deputy Commissioner, is under challenge in the present writ proceeding.

(3.) I have heard Mr. P.K. Tiwari, learned Counsel for the Petitioners, Mr. B.C. Das, learned senior counsel assisted by Mr. D. Majumdar, learned Counsel for private Respondent No. 3, Mr. A. Apang, learned standing counsel for Respondent No. 6 viz. State Election Commission and Mr. R.H. Nabam, learned Senior Govt. Advocate, Arunachal Pradesh, for the other official Respondents.