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SC stays HC verdict on Dolo’s election

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  12 March 2017 12:00 AM GMT

From Our Correspondent

Itagar, Mar 11: In an interesting turn of events, the Supreme Court of India has on Friday reportedly passed a stay order on the Gauhati High Court judgment dated February 8, 2017 (Election Petition No 2, 2014 Atum Welly Vs Kameng Dolo) in which the latter had declared the election process of 12th Pakke Kesang Assembly Constituency held on 2014 as void. Dolo is the MLA from 12th Pakke Kesang Assembly Constituency in Aruchal Pradesh while Welly is a former minister. This comes as a huge breather for Dolo as earlier the Gauhati High Court has set aside his election on a petition filed by Welly.

Interestingly the Aruchal Pradesh Legislative Assembly secretary also in a notification on March 06 has notified that Dolo was ceased to be member of the house and the seat has fallen vacant. Appearing for Dolo, former Attorney General Soli Sorabjee submitted that the High Court had committed a grave error in law as it had allowed the petition on the basis of a statutory violation which is not permissible under law and the Supreme Court has time and again held the same. A three judge bench of the Supreme Court on the strength of this argument simultaneously passed an order staying further elections and has listed the matter on March 28 for a fil hearing. Abahaya Kashyap, who also represented Dolo, submitted that this case deserves to remanded as the High Court trial is vitiated and it failed to decide the primary issue framed and also did not allow Dolo to lead evidence on key issues which resulted in vacancy of the seat.

Dolo had won the seat unopposed with a Congress ticket while Welly was his BJP contestant. Welly then had filed a petition claiming that he had not withdrawn his candidature from the 2014 elections and that his sigture was forged. Dolo had earlier moved Supreme Court to stay the High Court order but the apex court rejected his petition.

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