CHERA LOMA Vs. STATE ELECTRICITY COMMISSION

JUDGEMENT

(1.) Heard Mr. P. D. Nair, learned counsel for the petitioner. Also heard Mr. Ajin Apang, learned senior counsel/standing counsel, for respondent State Election Commission, Arunachal Pra-desh; Mr. Duge Soki, learned Addl. Senior Government Advocate, for respondent No. 2; and Mr. Muk Pertin, learned senior counsel, assisted by Mr. Karyom Dabi, learned counsel, appearing on behalf of private Respondent No. 3.

(2.) By this application under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of judgment and order, dated 16.11.2016, passed by the Arunachal Pradesh State Election Tribunal in Case No. PRET-06 of 2013, on the ground of arbitrariness and non-application of judicious mind.

(3.) According to the petitioner, a petition was filed by Respondent No. 3, herein, for quashing the election of the petitioner to the office of the Anchal Samiti Member('ASM', for short), under 46-Dadang Anchal Samiti ('46-DAS', for short) on the ground that the petitioner was improperly declared elected unopposed due to Respondent No. 2's rejection of his nomination on the ground of double enrolment. It was an admitted position that private Respondent No. 3's name was enrolled as a voter, both, in Itanagar Municipal Council ('IMC', for short) and 46-DAS. The case of the petitioner is that while disposing of the case in favour of Respondent No. 3, the State Election Tribunal ('SET', for short) did not address the primary issue of whether double enrolment could be a ground for rejection of nomination. It also did not decide the case on the vital point on whether rejection of nomination is strictly limited to Rule 12(2) (a) to (d) of the Arunachal Pradesh Panchayat Raj (Conduct of Election) Rules, 2001(hereinafter referred to as the Rules of 2001). The SET did not decide whether Rule 12(4) i.e. The Returning Officer shall not reject nomination paper on the ground of any defect which is not of substantial character." is totally circumscribed by Rule 12(2) (a) to (d).