GYAMAR YAKUM Vs. STATE OF ARUNACHAL PRADESH; SECRETARY, GOVERNMENT OF ARUNACHAL PRADESH, CIVIL SECRETARIAT ITANAGAR, P O ITANAGAR ; DEPUTY COMMISSIONER, KURUNG KUMEY DISTRICT, KOLORIANG, P O KOLORIANG ; STATE ELECTION COMMISSIONER, ON GOVT OF A P ; TADAR CHACHUNG; TADAR N

JUDGEMENT

(1.) Heard Mr. T. Son, learned counsel appearing on behalf of the petitioner. Also heard Mr. K. Ete, learned Addl. Advocate General assisted by Ms. L. Hage, learned State counsel appearing on behalf of the State and Mr. M. Pertin, learned Sr. Counsel assisted by Mr. K. Dabi, learned counsel appearing on behalf of respondent Nos. 5 to 13.

(2.) By filing this application under Article 226 of the Constitution of India, the petitioner has challenged the impugned dismissal order No. KK/PR- 72/2008dated 26.03.2015 passed by the Addl. Deputy Commissioner, Koloriang under Arunachal Pradesh Local Authorities (Prohibition or Defection) amended Act, 2006 dismissing the compliant filed by the petitioner and others.

(3.) The private respondent Nos. 5 to 13 were elected as ASMs and GPMs on Indian National Congress (INC) tickets from 73-Langth Loth-II, 68-Hiya, 77-Lower Nyapin, 76-Upper Nyapin, 75-Gyammar, 276-Gyammar, 261-Iyer Labajariang, 254-Tapuk Colony and 269-Kumayar respectively. During the bye-election held in the month of May, 2013 for Zilla Parishad Member, all the 5 ASMs and 4 GPMs were issued party whips by the President Block Congress Committee 19th Nyapin Assembly Constituency Secretary, BCC (NyapinSangram Assembly Constituency), Kurung Kumey District, Arunachal Pradesh.