TAD TANA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Both the Writ Petitions are in respect of order passed by the Election Tribunal, Arunachal Pradesh condoning the delay in filing the Election Petitions challenging the election of the writ petitioners as members of the concerned Zilla Parishad. Since the facts and circumstances involved in both the writ petitions are the same, they were heard together and are being disposed of by this common judgment and order. To avoid repetition of facts, more particularly when the question of law involved in both the writ petitions is the same, the facts involved in W.P. (C) No.8321/2004 are only narrated below.

(2.) By a Notification dated 26.2.2003, The State Election Commissioner, Arunachal Pradesh notified the programme for election of members to all Gram Panchayat, Anchal Samity and Zilla Parishad constituencies in all the districts of Arunachal Pradesh. The last date of filing of nomination was scheduled on and 11.3.2003. The last date of withdrawal of nomination was fixed as 14.3.2003, while the date of polling was scheduled on 2.4.2003. However, as regards the dates relating to the filing and scrutiny of nominations, same were later on modified re-fixing the same as 10.3.2003 and 12.3.2003 respectively.

(3.) The proceeding in W.P.(C) No. 8321/ 2004 is concerned with the X Toru Zilla Parishad in the district of Papum Pare. In respect of the said constituency only two nomination papers were filed who are the petitioner and the respondent No. 3. During scrutiny of the nomination papers filed by the petitioner and the respondent No. 3, the petitioner's nomination was found to be valid, while the nomination of the respondent No. 3 was found to be invalid and thus rejected. Such rejection was on the ground of disqualification of the respondent No. 3 which he earned in view of the outstanding telephone bill and motor vehicle tax. The Returning Officer rejected the nomination of the respondent No. 3 as per provisions of Rule 57(1) of the Arunachal Pradesh Panchayati (Conduct of Election) Rules 2001, in terms of which a candidate shall be disqualified for being a member of the Gram Panchayat, Anchal Samity and Zilla Parishad, if arrears of any kind are due by him to the Gram Panchayat/ Anchal Samity/Zilla Parishad and the Government.