JUDGMENT :-

H.L. Gokhale J.

This statutory appeal under Section 116A of the Representation of the People’s Act, 1951, seeks to challenge the judgment and order of the Gauhati High Court dated 12.11.2012, allowing the Election Petition No. 1(AP) of 2009, renumbered as Election Petition No. 1 (AP) of 2012, filed by the Respondent No. 1 whereby the election of the appellant from 20-Tali (ST) constituency of the Arunanchal Pradesh Assembly was declared void, and whereby the first respondent was declared elected to the State Legislative Assembly from the said constituency. After passing of the said judgment and order, the appellant applied for the stay of the said order, and the learned Judge by his order dated 16.11.2012 stayed the impugned judgment and order for a period of 14 days from the date of the said order. He made it clear that the appellant will have the right to participate in the assembly proceedings but will not have the right to vote and will not be entitled to any remuneration as an elected member of the assembly. This appeal, therefrom, was admitted on 27.11.2012, and by the order passed on that date by this Court, the above order dated 16.11.2012 was directed to continue to remain in operation. This interim order has been subsequently continued until further orders.

2. Facts leading to this appeal are as follows. The appellant and the respondent No. 1 herein contested the election to the Arunachal Pradesh Legislative Assembly from 20-Tali (ST) Assembly Constituency held in October 2009. The respondent no.1 was the sitting MLA from the said constituency at the time when the election was held, and the Government formed by the Indian National Congress was in power in the State. The appellant was a candidate of the People’s Party of Arunanchal Pradesh (PPA), and the first respondent was that of the Indian National Congress. The voting took place on 13.10.2009, and the appellant was declared elected on 22.10.2009, defeating his nearest rival the respondent No. 1, by 2713 votes. Respondent No. 1 filed Election Petition No. 01/2009 to challenge the election of the appellant on the ground of corrupt practice of booth capturing.

3. This 20-Tali (ST) Assembly Constituency consists of two circles viz. (i) Tali, and (ii) Pipsorang. Each of the circles was having 10 polling stations. It was alleged in the petition by the first respondent that on two polling stations viz. (i) 7-Roing and (ii) 2-Ruhi from circle Tali, boxes (containing EVMs) were illegally removed by the party workers of the appellant, and votes in favour of the appellant were cast single handedly. The genuine voters were not allowed to exercise their voting rights as they were threatened for their lives by the miscreants of the appellant. It was claimed that polling agents of the first respondent, at these two polling stations, jointly reported about the happenings in these polling stations on 15.10.2009, to the Assistant Returning Officer. It was further alleged that such incidents also took place in 6 more polling stations.

4. It was stated in para 9 of the petition, that it was necessary to bring the EVMs and counter foils of Form 17A (register of voters) of these 8-polling stations (mentioned in para-7 of the petition) for forensic test and other examinations etc. before the Hon’ble Court for proper adjudication of the case. It was claimed that the votes received by the appellant in these 8 polling stations were 3763, and if they were deleted from the votes of appellant, the first respondent would be declared as elected. It was prayed that the records of (i) register of voters counterfoils (Form 17-A) of these 8 polling stations described in paragraph 7 of the petition, (ii) EVMs of these 8 polling stations, and (iii) records relating to 20 Tali (ST) Assembly Constituency be called, and the appellant be directed to show cause as to why votes cast by booth capturing in 8 polling stations, in favour of the appellant, should not be declared as illegal, and the