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2013 Supreme(Gau) 244

IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
Prasanta Kumar Saikia, J.
Gyamar Hipik & Anr.
Vs.
State of Arunachal Pradesh & Ors.
WP(C) No. 131(AP) of 2013
Decided On: 10.05.2013

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. P.D. Nair
For Respondents/Defendant: Ms. G. Deka, Addl. Sr. GA, Mr. A. Apang, S/C State Election Commission & Mr. D. Mazumdar

Headnote:

Arunachal Pradesh Panchayat Raj Act, 1997 - Section 55(1) - Constitution of India, 1950 - Article 243(P)(g) and 243(O)(a) – Notification - State Election Commission - Prayed that your Lordships may be pleased to admit this petition, call for records and issue a Rule calling upon respondents to show cause as to why - Seeks order or direction should not be issued to set aside and quash the impugned notification and any action related or consequent thereto; and/or - Held, Notifications in WT Fax Msg. are issued arbitrarily, capriciously, whimsically, and in mala fide exercise of power having far reaching consequences with enormously huge evil consequences - This Court calls upon State respondent as well as State Election Commission, State of Arunachal Pradesh to take steps in holding election, under the Act of 1997, in Nyapin ADC Head Quarter of District accordance with requirement of constitutional dicta and all statutes which hold the field - While holding of election in Nyapin ADC Head Quarter of District in accordance with requirement of law - It clear that every effort should be made not to disturb the ongoing election process unless it is absolutely required in view of directions rendered by this Court in this proceeding – Order accordingly.

JUDGMENT

Prasanta Kumar Saikia, J.

1. I have heard Mr. P.D. Nair, learned counsel for and on behalf of the petitioners and Ms. G. Deka, learned Addl. Sr. Government Advocate for the State respondents. Also Mr. A. Apang, learned Standing Counsel appearing on behalf of the State Election Commission and Mr. D. Majumdar, learned counsel appears for respondent No. 8. In this proceeding, the petitioners have prayed for, amongst other things, following relief(s)-

In the premises aforesaid it is most respectfully prayed that your Lordships may be pleased to admit this petition, call for the records and issue a Rule calling upon the respondents to show cause as to why-

(a) a Writ in the nature of Certiorari and/or any other appropriate writ, order or direction should not be issued to set aside and quash the impugned notification dated 10.11.04/2013 bearing No. DTP/MP-08/2010-2011 (Annexure-8) and WT/Fax Msg. Dated 13.04.2013 bearing No. AP/SEC-52/2002/1196 (Annexure-9) and any action related or consequent thereto; and/or

(b) a writ in the nature of Mandamus or any other appropriate writ, order or direction shall not be issued directing the respondent authorities to forbear from giving any further effect to the impugned notification dated 10.11.04/2013 bearing No. DTP/MP-08/2010-2011 (Annexure-8) and WT/Fax Msg. Dated 13.04.2013 bearing No. AP/SEC-52/2002/1196 (Annexure-9) and any action related or consequent thereto; and/or

(c) a Writ in the nature of Mandamus or any other appropriate Writ order or direction shall not be issued directing the respondents to hold Panchayat Raj Election under Arunachal Pradesh Panchayat Raj Act 1997 in the said Nyapin ADC Head Quarter under Kurung Kumey District pursuant to notification of Election dated 16.04.2013 bearing No. AP/SEC-317/2012; and/or

And on cause(s) being shown, if any, perusal of the records and upon hearing the parties, may be pleased to make the Rule absolute and/or may be pleased to pass such further or other orders (s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.

2. The facts, as stated in the writ petition and which are necessary for disposal of the present proceeding are that the petitioners, herein, are the permanent residents of the area comprised in Nyapin Zilla Parishad Constituency in the District of Kurung Kumey and their names are included in the Electoral Rolls of their respective areas as given below:-


3. In compliance of requirement of the Arunachal Pradesh Panchayat Raj Act, 1997 (in short, the Act of 1997) and the various subsequent notifications, passed there-under, elections to different Panchayat Raj Institutions/bodies under the Act of 1997 were held in various parts of the State of Arunachal Pradesh including Nyapin ADC Head Quarter of Kurung Kumey District in 2008 for a term of 5 years, which was to have expired in the month of June 2013.

4. The Kurung Kumey Zilla Parishad of Kurung Kumey district comprised of Nyapin Anchal Block and 12 other blocks. On the other hand, Nyapin Anchal Block comprised of 76-Upper Nyapin and 77-Lower Nyapin Anchal Constituencies. 76-Upper Nyapin Constituency comprised of 5 Gram Panchayat Constituencies including 283 Army Colony. Similarly, 77-Lower Nyapin Constituency comprised of 4 Gram Panchayat Constituencies including 285-Teacher Colony.

5. It has been pointed out that as per Article 243(f) as well as Article 243(P)(g) of the constitution of India population means the population as ascertained at last preceding census of which relevant figures have been published. As per 2001 Census, which is stated to be last preceding census, the total population of Nyapin Head Quarter was only 2306, as certified by Memo No. Stat (ZR)/CEN/59/92, issued by the District Statistical Officer, Lower Subansiri District.

6. It has also been stated that total population of entire Kurung Kumey District, as per 2001 census, were 42,518 but without any urban population. Even as per the Provisional Population Census, conducted i

























































































































































































































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