LAWS(GAU)-2017-2-11

ATUM WELLY Vs. KAMENG DOLO

Decided On February 08, 2017
Atum Welly Appellant
V/S
Kameng Dolo Respondents

JUDGEMENT

(1.) This petition has been filed under sections 80 and 80A of the Representation of the People Act, 1951 for declaring the election of the respondent from 12-Pakke-Kessang (ST) Legislative Assembly Constituency in the State of Arunachal Pradesh as void under section 98 (b) read with section 100 (1) (d) (iv) of the Representation of the People Act, 1951 (the Act hereafter).

(2.) Case of the petitioner is that a general notification was issued on 15.03.2014 notifying holding of general election for constituting a new Legislative Assembly of the State of Arunachal Pradesh with the following schedule : -

(3.) Petitioner was nominated by the Bharatiya Janata Party (BJP) as its candidate for the 12-Pakke-Kessang (ST) Legislative Assembly Constituency (Constituency hereafter). On the other hand, respondent was nominated by the Indian National Congress (INC) as its candidate for the said constituency. Accordingly, petitioner filed his nomination papers; so also the respondent. Except petitioner and respondent, no other candidate had filed nomination paper in the said constituency. Only the petitioner and respondent were in the fray in the said constituency.