ER. LUPALUM KRI Vs. DASANGLU PUL

JUDGEMENT

(1.) Heard Mr. P. K. Tiwari, learned Senior Counsel, assisted by Mr. K. Saxena, learned counsel for the applicant/returned candidate and Mr. H. Lampu, learned counsel for the opposite party/election petitioner.

(2.) The opposite party/election petitioner having filed a Election Petition No. 03 (AP) 2019, before this Court praying for; (i) order dated 23.05.2019 declaring Smti. Dasanglu Pul, BJP candidate, as a winning candidate of 45-Hayuliang (ST) Assembly Constituency be held void and (ii) Er. Lupalum Kri, the election petitioner be declared elected candidate of the 45-Hayuliang (ST) Assembly Constituency; and in view of the second prayer of the election petitioner made in the Election petition, the present applicant/returned candidate having filed a Recrimination petition under Section 97 of the Representation of the People Act, 1951, registered as Recrimination Case No.01(AP)2020, seeking a declaration that the election petitioner was holding an office of profit on the day his nomination papers were scrutinized by the Returning Officer of 45-Hayuliang (ST) Assembly Constituency and as such, was disqualified for being chosen as and for being a member of the Legislative Assembly of the State of Arunachal Pradesh; this application under Section 151 of the Code of Civil Procedure has been filed by the applicant/returned candidate for holding of joint trial of the Election petition No. 03(AP)2019 and Recrimination No. 01 (AP)2020.

(3.) Contending that it is the requirement under the law that Election petition and Recrimination petition needs to be tried together, Mr. Tiwari, learned Senior Counsel for the applicant has relied on the following decisions: