GUWAHATI: The Gauhati High Court declared the election of Karikho Kri, an independent MLA from the Tezu Assembly constituency in Arunachal Pradesh, as null and void. The court's decision came after it heard an election petition filed by Congress candidate Nuney Tayang, who challenged the declaration of the 2019 election result in favor of Kri.
The petition filed by Tayang alleged that Kri had made false declarations in his election nomination paper and failed to disclose in Form 26 of the Conduct of Election Rules, 1961, that he occupied a government-allotted MLA cottage in Itanagar. Additionally, Kri was accused of not submitting "no dues certificates" for charges incurred for rent, electricity, water, and telephone usage.
In its ruling, Justice Nani Tagia expressed the court's opinion that Kri had not presented his nomination paper in accordance with Section 33 of the Representation of the People Act. As a result, his nomination paper was found liable to be rejected under section 36(2)(b) of the Representation of the People Act. Moreover, the court also found fault with the returning officer for improperly accepting Kri's nomination paper.
The 2019 election was held on April 11, and the result was declared on May 27, with Kri being announced as the winner. However, the recent court ruling has overturned that victory, making Kri the second representative to be unseated after the BJP's Dasanglu Pul, whose court order was stayed by the Supreme Court.
Following the court's decision, Tayang's legal counsel urgently requested the Assembly Speaker Pasang Dorjee Sona to consider the high court judgment promptly.
This ruling by the Gauhati High Court serves as a crucial reminder that candidates must adhere strictly to election laws and accurately disclose all relevant information in their nomination papers. It also underscores the importance of conducting fair and transparent elections to uphold the democratic process in India. As Arunachal Pradesh seeks to resolve the implications of this landmark decision, political candidates across the country may take this case as a cautionary tale in ensuring the integrity of their electoral processes.
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