TAKAM SORANG Vs. MARKIO TADO

JUDGEMENT

(1.) This election petition has been filed under Section 80 -A of the Representation of Peoples Act, 1951 read with Article 327 (B) of the Constitution of India challenging the election of the respondent No.1 to the Arunachal Pradesh State Legislative Assembly from 20 - Tali (ST) Constituency. The petitioner was nominated by the Indian National Congress Party (INC) for contesting the election from the said constituency. The respondent No.1 was nominated by the Peoples Party of Arunachal Pradesh (PPA in short). The election petitioner and the respondent No.1 were the only two candidates in the fray. The total votes polled, polling station -wise, constituency and party -wise in two circles of the said constituency are as follows: A. under Tali Circle: <FRM>Judgement_1052_GAULT4_2013.htm</FRM> Grand Total (I + II) = INC - 2548 PPA - 5261 = 7809

(2.) Heard Mr. B.L.Singh, learned counsel for the election petitioner and Mr. M. Pertin, learned counsel for the Respondents.

(3.) The petitioner alleges that on the day of poll the workers of the PPA candidate (respondent No.1), with his consent committed election offence by capturing booths in 8 polling stations under the Tali Circle. In 7 -Roing Polling Station under Tali Circle no election was held on 13.10.2009 as the polling team with Electronic Voting Machines (EVM in short) was kidnapped by the PPA workers headed by Sri Gichik Kiogi Thaji on the night of 12.10.2009. Sri Gianiu Tallo INC Polling agent of Roing polling station and Sri Tami Tayak, President of NSUI, Kurung Kumey District reported the incident on 13.10.2009 addressing letters to the Executive Magistrate, Tali requesting him to take necessary action. On the next day i.e. 14.10.2009 Sri Rigam Santana, General Secretary of Tali Block Congress Committee, Sri Tami Tayak, President NSUI Kurung Kumey, Shri Rigio Tashok, Shri Yukar Tara, President NSUI, Tali, Sri Tagio Yashok, ZPM, Tali jointly submitted a representation to the Assistant Returning Officer (ARO in short) about the said incident requesting him for repoll of 20 - Tali (ST) Assembly Constituency. Sri Gichik Tago polling agent of 7 -Roing Polling Station and Sri Gichik Tachu jointly submitted another representation to the said ARO on 13.10.2009 demanding repoll etc. Repoll was demanded as the genuine voters could not exercise their franchise due to booth capturing. At 2 -Ruhi Polling Station, as alleged in the election petition, some miscreants including Sri Markio Tado, PPA candidate himself indulged in booth capturing and single -handed casting of votes as a result of which the INC candidate (petitioner) was shown to have secured only one vote as against 1196 votes secured by the PPA candidate. The common voters were threatened to their lives by the miscreants of PPA candidate and not allowed to cast their votes. This incident was reported by the INC polling agent Sri Tamuk Talu of Tamuk Village to the ARO of 20 - Tali (ST) constituency on 14.10.2009 demanding repoll. It is alleged that similar booth capturing took place at 5 -Guchi polling station. The INC polling agent Sri Dangur Tadek reported the matter to the said ARO on 13.10.2009 demanding repoll and necessary action. The polling agents of 2 -Ruhi and 7 -Roing polling station jointly reported the incident of booth capturing to the said ARO in the aforesaid polling stations by addressing a representation dated 15.10.09. The petitioner himself also reported the said incident of booth capturing at the said polling station through fax message dated 15.10.2009 addressed to the Returning Officer (RO in short) of 20 - Tali (ST) Assembly constituency, Koloriang with request for repoll.