Gauhati HC Declares 2019 Election Of Arunachal Pradesh MLA Null And Void

The Gauhati High Court declared the election of Karikho Kri as an MLA of Arunachal Pradesh in 2019 as null and void. Karikho Kri, who was elected as an independent MLA from the Tezu Assembly constituency four years ago, is the second representative to be unseated after the BJP’s Dasanglu Pul on April 25.

The latter, who represented the Hayuliang Assembly seat, had the court order stayed by the Supreme Court.

The Itanagar bench of the Gauhati High Court on July 17 pronounced the decision after hearing the election petition filed by Congress candidate Nuney Tayang, who challenged the declaration of the 2019 result in favour of Kri.

The petition was filed by Tayang under section 90 (a)(c) of the Representation of the People Act, 1951, to seek a declaration that the election of his rival from the Tezu seat “declared void”.

It may be noted that the election in 2019 was held on April 11 and the result was declared on May 27.

Tayang alleged that kri made false declarations in his election nomination paper and did not disclose in Form 26 of the Conduct of Election Rules, 1961, that he was in occupation of a government-alloted MLA cottage in Itanagar.

The Congress leader also claimed that Kri did not submit “no dues certificates” from the departments concerned regarding charges incurred for rent, electricity, water and telephone usage.

Justice Nani Tagia declared the election of Kri as void and said that the court was of the opinion that he did not present his nomination paper in accordance with Section 33 of the Representation of the People Act. Hence, his nomination paper was liable to be rejected under section 36(2)(b) of the Representation of the People Act.

The court also found fault with the returning officer whose acceptance of Kri’s nomination paper was “improper”.

Tayang’s legal counsel had on July 18 written a letter to the Assembly Speaker Pasang Dorjee Sona to seek the immediate consideration of the high court judgement.

The Hindu could not contact Kri for a comment on the matter.

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