RASO TANA Vs. ELECTION COMMISSIONER PANCHAYATRAJ ARUNACHAL PRADESH

JUDGEMENT

(1.) By this writ application, a challenge has been made to the judgment and order dated 16.12.2003 passed by the Presiding Judge, Panchayat Election Tribunal, in Case No. PR(ET)00012/2003 by which the election of the petitioner as Anchal Samiti Member has been set aside on the ground of his nomination being not valid.

(2.) Shortly stated the facts leading to the filing of the writ petition are that the petitioner contested election as a nominee of the Indian National Congress Party to the No.7, Papu Valley Anchal Samiti from No.80 Palin Anchal Samiti Constituency of East Kameng District, in the State of Arunachal Pradesh. The respondent No.3 also contested in the said election. After the election, the petitioner was declared to be duly elected from the said constituency and he secured 27 Nos of valid votes more than the respondent No.3.

(3.) The respondent No.3 being dissatisfied with the election of the petitioner filed election petition under Rule 6 (2) of the Arunachal Pradesh Panchayat Raj (Conduct of Election) Rules, 2001. The election petition was registered and numbered as Case No. PR (ET) 00012/2003 before the Panchayat Election Tribunal, Arunachal Pradesh. Proceeding before the Tribunal came to an end exparte against the writ petitioner by the impugned judgment and order dated 16.12.2003. The Tribunal allowed the election petition filed by the respondent No.3 by setting aside the election of the petitioner holding the same to be void as per provision of Rule 73 (3) of the Arunachal Pradesh Panchayat Raj (Conduct of Election) Rule, 2001 and the declaration was made declaring the respondent No.3 to have returned uncontested as Anchal Samity Member in respect of the aforementioned constituency.