OUR CORRESPONDENT
ITANAGAR: In a significant political development, the Itanagar Permanent Bench of the Gauhati High Court has declared the election of Independent MLA Karikho Kri from Tezu assembly constituency in Lohit district during 2019 null and void. The court gave the verdict on Monday in response to an election petition filed by Congress candidate Nuney Tayang challenging the declaration of the 2019 Assembly election result. With the judgement, the Tezu assembly constituency seat has now become vacant. This is the second judgement pronounced by the High Court on an election petition, following the disqualification of Hayuliang MLA Dasanglu Pul on April 25 this year. However, the Pul obtained interim relief from the Supreme Court, which stayed the High Court judgement. Tayang filed the petition under Sections 80, 80-A, and 81 of the Representation of the People Act, 1951, seeking a declaration that the election to the member of the legislative assembly from the Tezu assembly constituency be declared void under Section 90 (a) (c) of the Representation of the People Act, 1951. The election was held on April 11, 2019, and the result was declared on May 27, with Kri being declared the winner as an independent candidate.
In pronouncing the judgment, Justice Nani Tagia ruled, "Consequently, having answered the issues framed for determination in the instant case in the manner indicated above, the election of the respondent/returned candidate from Tezu assembly constituency is hereby declared void under Section 100 (l) (b), 100 (l) (d) (i) and (iv) of the Representation of the People Act, 1951." Justice Tagia further observed that Kri had not submitted his nomination paper in accordance with Section 33 of the Representation of the People Act, 1951, and therefore, his nomination paper is liable to be rejected under Section 36 (2)(b) of the same Act. The High Court immediately sent a copy of the judgement order to the Election Commission and the Speaker of the Arunachal Pradesh State Legislative Assembly, as per the provisions of Section 103 of the Representation of the People Act, 1951.
Tayang had alleged that Kri made false declarations in his election nomination paper by not disclosing that he was in occupation of a government accommodation, namely MLA Cottage No. 1, located in 'E' Sector, Itanagar. The petitioner also claimed that Kri did not submit "No Dues Certificates" from the concerned department for the rent, electricity charges, water charges, and telephone charges of the government accommodation. Tayang's legal counsel has written a letter to the legislative assembly speaker, urging immediate consideration of the High Court judgement. Meanwhile, the High Court rejected an interlocutory application filed by Kri on Tuesday. Despite several attempts, Kri could not be contacted for his comment.
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