NIMA TSERING KHRIME Vs. RINCHIN KHANDU KHRIEMEY

JUDGEMENT

(1.) This Election Petition is presented under Sections 80, 80A and 81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act), the election petitioner being Shri Nima Tsering Khrime, against the returned candidate, figuring here as respondent, Shri Rinchin Khandu Khrimey, in connection with the general election of the Arunachal Pradesh Legislative Assembly, so held in the Year 1995, of No. S.Kalaktang Legislative Assembly Constituency, as per the election result declared on 15.3. 95.

(2.) According to the petitioner, the notification for the election of the said Constituency was so made on 8.12. 94 and the date for filing of nomination papers was from 4.1.95 to 11.1. 95, scrutiny of nomination paper was declared to be held on 12.1.95, the last date for withdrawal of nomination paper was on 14.1.95 and the date of polling was declared to be 11,3.95. After the polling, the counting of votes took place on 15.3.95 at Bomdila Higher Secondary School. Arunachal Pradesh and the result was so declared the same day. It had also been detailed that altogether five persons including the present petitioner and the respondent filed their respective nomination papers to contest from No.5, Kalaktang Legislative Assembly Constituency. However, all other intending candidates other than the petitioner and the respondent withdrew their candidature and thus only two persons, that is, the petitioner and the sole respondent, remained in the fray. The petitioner had submitted his nomination paper as a candidate of the Bharatiya Janata Party, his election symbol being the "Lotus", and the respondent, Shri Rinchin Khandu Khrimey, had filed his nomination paper as a candidate of the Indian National Congress (I), his election symbol being "Hand". After the counting of the ballot papers, it was declared that Shri Rinchin Khandu Khrimey, the respondent, won the election by a margin of 1487 votes. According to the petitioner, the election of the respondent, Shri Rinchin Khandu Khrimey from No.5 Kalaktang Legislative Assembly Constituency was vitiated because the returned candidate and his election agent adopted various corrupt practices and the same also being adopted by his workers, even by the returned candidate's wife, with the consent of the returned candidate, as detailed in the petition. Because of the returned candidate adopting such corrupt practices, the petitioner claimed that it materially affected the result of the election, and thus, giving the details of the corrupt practices so adopted, the prayer of the petitioner is for declaring the election so held of line said Constituency to be void and also for granting any other relief as this Court may deem fit and proper in the background of the facts and circumstances of the case, detailed in this election petition.

(3.) In short' the corrupt practices said to have been adopted, as coming under the purview of Section 123 (7) of the Act are, in a nutshell, with regard to distribution of shawls to the lady voters of the Constituency as to procure vote in favour of the returned candidate so adopted by the returned candidate and his election agent and the workers; even offerring money to some of the voters to the tune of Rs. 500/- for securing votes ; also utilizing the Government machinery during election time ; misusing his power and position because of the returned candidate at the relevant time being the Minister, Education, Government of Arunachal Pradesh ; crossing the ceiling limit of expenditure incurred in the elelction as detailed in the petition ; getting the calendar of 1995 with his photograph so distributed among the Kalaktang people which cost much expenditure, and this act was so done as to come in limelight ; with the help of Government mechinery even attempting, rather succeeding, to get the present petitioner arrested one day prior to the last date of filing of the nomination; and even calling a meeting at Kalaktang on 21.12.94 using the Government machinery by sending W.T. message and using utilizing time and energy of the local Government officers for collecting people and the Congress (I) workers at the cost of state exchequer, etc.