BENGIA BAPU Vs. CHERA TACHUNG

JUDGEMENT

(1.) The main issues that needs to be addressed by this Court are whether in the facts of the present case, an ad interim injunction could have been granted.

(2.) The present lis is in respect of an election to the executive body of All Kurung Kumey District Students Union (AKKDSU) for the Session 2024-27, wherein, the appellants No. 1 to 27, were declared elected unopposed to various posts in the executive body of AKKDSU, vide election results, dtd. 28/9/2024.

(3.) The fact of the case is that on 14/9/2024 the president of the All Arunachal Pradesh Students Union (AAPSU) issued an order directing the president of AKKDSU to conduct fresh election on or before 15/10/2024. In pursuant to the same, the president of AKKDSU issued an order, dtd. 20/9/2024, dissolving the then executive council members of AKKDSU. Thereafter, the president of AKKDSU issued an appointment order, dtd. 21/9/2024, appointing profoma respondent Nos. 3 to 6 as the Chief Election Commissioner, Returning Officer, Presiding Officer and the Polling Officer, respectively, with a direction to conduct the election by notifying the election schedule, venue and the other election process. Thereafter, various notifications were issued for complying with the processes involved. However, on 24/9/2024, the Deputy Commissioner recalled the election on the ground of violating the conditions mentioned in the permission order by Defendant No. 1. However, the Defendant No. 1, issued a notification, dtd. 25/9/2024, declaring that the election would be held at AKKDSU office, Koloriang, District Kurung Kumey, Arunachal Pradesh on 24/9/2024 and 28/9/2024 but again, the Deputy Commissioner prohibited the Defendant No. 1 to hold the election vide order, dtd. 26/9/2024 on the ground of law and order problem in the said District but on the same day, at around 11 am, a meeting was held between the In-Charge Deputy Commissioner as well as all the stake holders and it was decided that in case, the election is held, all the said stake holders would maintain peace and tranquillity. As such, vide order dtd. 27/9/2024, the prohibitory order was revoked. Thereafter, the Defendant No. 1, issued notification for holding the election on 28/9/2024 and 29/9/2024, and thereafter, on 28/9/2024 the results were declared showing all the appellants elected as unopposed. Thereafter, on 29/9/2024 the oath was administered to the elected candidates.