LAWS(GAU)-2023-7-29

NUNEY TAYANG Vs. KARIKHO KRI

Decided On July 17, 2023
NUNEY TAYANG Appellant
V/S
Karikho Kri Respondents

JUDGEMENT

(1.) Heard Mr. Dilip Mazumdar, learned senior counsel, assisted by Mr. Sandi K. Deori, learned counsel, appearing on behalf of the election petitioner. Also heard Mr. K. P. Pathak, learned senior counsel, assisted by Mr. Khoda Tama, learned counsel, appearing on behalf of respondent No. 1.

(2.) By filing this election petition under Sec. 80, 80-A, and 81 of the Representation of the People Act, 1951; the petitioner has sought for a declaration that the election to the Member of Legislative Assembly from 44-Tezu (ST) Assembly Constituency, held pur-suant to the Notification No. 464/ ARUN-LA/2019, dtd. 18/3/2019, in respect of respondents No. 1 and 2, be declared void under Sec. 90(a)(c) of the Representation of the People Act, 1951, on the grounds stipulated under Sec. 100(1)(b), 100(1)(d)(i) and 100 (i) (d)(iv) of the Representation of the People Act, 1951, and to declare the petitioner to be duly elected from the 44-Tezu (ST) Assembly Constituency under Sec. 101 (b) of the Representation of the People Act, 1951.

(3.) The facts relevant for adjudication of the election petition, briefly, stated, are as follows: